Nevils v. State of Tennessee et al

Filing 27

ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court discerns no basis for exercising jurisdiction over the plaintiff's Motion to Amend. Therefore, the Report and Recommendation, to the extent that it recommends that the Motion to Amend be deni ed, is ADOPTED and APPROVED. Accordingly, the plaintiffs Motion to Amend is hereby DENIED for want of jurisdiction. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 9/24/2013. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

GENE NEVILS
Plaintiff,
v.
STATE OF TENNESSEE, et al.
Defendants.

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No. 3:13-0261
Judge Trauger

O R D E R
On May 21, 2013, an order (Docket Entry No.12) was entered
dismissing the instant pro se § 1983 prisoner action for failure to
state a claim.
A

Notice

of

Appeal

(Docket

Entry

No.16)

was

then

filed

challenging the dismissal.
The appeal remains pending in the Sixth Circuit Court of
Appeals. Nevertheless, the plaintiff has filed a Motion to Amend
Cases (Docket Entry No.21). In this Motion, the plaintiff seeks to
include additional claims and defendants.
A Report and Recommendation (Docket Entry No.22) addressing
the plaintiff’s Motion to Amend is also before the Court. In the
Report and Recommendation, the Magistrate Judge urges the Court to
deny the plaintiff’s Motion to Amend. There have been no timely
objections to the Report and Recommendation filed by the plaintiff.
The instant case was closed and is no longer on this Court’s

docket. Generally, “the filing of a notice of appeal confers
jurisdiction on the court of appeals and divests the district court
of control over those aspects of the case involved in the appeal”.
Marrese v. American Academy of Orthopaedic Surgeons, 470 U.S.
373,379 (1985); Inland Bulk Transfer Co. v. Cummins Engine Co., 332
F.3d 1007,1013 (6th Cir.2003).
Here, the Court discerns no basis for exercising jurisdiction
over the plaintiff’s Motion to Amend. Therefore, the Report and
Recommendation, to the extent that it recommends that the Motion to
Amend

be

denied,

plaintiff’s

Motion

is
to

ADOPTED
Amend

and
is

APPROVED.
hereby

Accordingly,

DENIED

for

want

the
of

jurisdiction.
It is so ORDERED.

____________________________
Aleta A. Trauger
United States District Judge