Neal v. Joyner

Filing 26

ORDER denying 21 MOTION for Reconsideration; 24 MOTION to Appoint Counsel; and 25 MOTION to Supplement Exhibit in Support of Claim without prejudice. Signed by Honorable Richard M Gergel on 5/21/2018. (mwal)

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IN THE UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA Craig Andre Neal, Petitioner, vs. Warden Joyner, Respondent. ) ) ) ) ) ) ) ) ) ) Case No. 0:17-2352 ORDER By order dated October 25, 2017, this Court dismissed Petitioner's habeas petition submitted pursuant to 28 U.S.C. ยง 2241 without prejudice. (Dkt. No. 11 ). Petitioner thereafter filed a notice of appeal with the Fourth Circuit United States Court of Appeals. (Dkt. No. 14). That matter remains pending before the Fourth Circuit. On April 27, 2018, Petitioner filed a motion for reconsideration of this Court's October 2017 order (Dkt. No. 21), and additional motions for appointment of counsel (Dkt. No. 24) and to supplement the record (Dkt. No. 25) were filed on May 18, 2018. It is well settled that the filing of a notice of appeal confers jurisdiction on the appellate court and divests the district court of jurisdiction over those aspects of the case involved in the appeal. Griggs v. Provident Consumer Discount Company, 459 U.S. 56, 58 (1982); Hill v. Executive Office for United States Attorneys, 2017 WL 5079146 (W.D. Va. 2017). Under these circumstances, this Court has no jurisdiction over this matter and, consequently, denies all pending motions (Dkt. Nos. 21, 24, 25) without prejudice. -1- AND IT IS SO ORDERED. United States District Judge May~' 2018 Charleston, South Carolina -2-

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