Simpson v. Stevenson

Filing 60

ORDER dismissing 55 Motion for Reconsideration Signed by Honorable Cameron McGowan Currie on 7/11/2013.(mcot, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ORANGEBURG DIVISION
Devario Marshetti Simpson,

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Petitioner,
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v.
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Robert Stevenson, Warden,
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Respondent.
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___________________________________ )

C/A NO. 5:12-2612-CMC-KDW

OPINION and ORDER

This matter is before the court on Petitioner’s pro se motion for reconsideration. ECF No.
55. On the same day Petitioner filed this motion, Petitioner also filed a Notice of Appeal to the
Fourth Circuit Court of Appeals. ECF No. 56.
As a general rule, “a federal district court and a federal court of appeals should not attempt
to assert jurisdiction over a case simultaneously. The filing of a notice of appeal is an event of
jurisdictional significance-it confers jurisdiction on the court of appeals and divests the district court
of its control over those aspects of the case involved in the appeal.” Griggs v. Provident Consumer
Discount Co., 459 U.S. 56, 58 (1982). This jurisdictional transfer principle prevents a district court
from taking any action that would impermissibly “alter the status of the case as it rests before the
Court of Appeals.” Dayton Indep. School Dist. v. United States Mineral Prods. Co., 906 F.2d 1059,
1063 (5th Cir.1990). Therefore, when an appeal is pending, the district court retains jurisdiction only
to determine matters that are “uniquely separable” and collateral to the issues involved in the appeal.
See Mary Ann Pensiero, Inc. v. Lingle, 847 F.2d 90, 98 (3d Cir.1988). “This judge-made rule . . .
was designed to address the confusion and inefficiency that would result if both the district court and
the court of appeals were adjudicating the same issues simultaneously.” United States v. Swint, 2007
1

WL 675340 (E.D.Pa. Feb. 27, 2007) (internal citations and quotations omitted).
This court is without jurisdiction to address Petitioner’s motion and it is, therefore,
dismissed.1
IT IS SO ORDERED.

s/ Cameron McGowan Currie
CAMERON MCGOWAN CURRIE
UNITED STATES DISTRICT JUDGE
Columbia, South Carolina
July 11, 2013

1

To the extent this court retains jurisdiction to address Petitioner’s motion, a grant of
summary judgment to Respondent on the record as it exists obviates the need for an evidentiary
hearing. Therefore, Petitioner’s motion was denied.
2