Austin et al v. Phillip Morris USA

Filing 21

ORDER denying 19 Motion for discretionary Remand; denying as moot 20 MOTION for Expedited Ruling. 16 MOTION for to Submit Claim and 17 MOTION to Submit Evidence are considered withdrawn. 18 MOTION to Hold in abeyance denied. Signed by Chief Judge Barbara B. Crabb on 7/31/09. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN ---------------------------------------------

A N N MARIE AUSTIN, ORDER Plaintiff, 0 8 - cv -2 4 4 - b b c v. P H IL L IP MORRIS, USA, D efendan t. --------------------------------------------O n May 7, 2008, I denied plaintiff Ann Marie Austin's motion for leave to proceed in forma pauperis and dismissed her case for lack of subject matter jurisdiction after concluding that it was impossible to make out from her allegations what possible claim she m ight have against the respondent. On May 29, 2008, I denied plaintiff's motions for my recu sal and to alter or amend the judgment pursuant to Fed. R. Civ. P. 59. After being granted an extension to file her notice of appeal, plaintiff filed it on July 29, 2008. I denied her request to proceed in forma pauperis on appeal because I certified that her appeal was not taken in good faith. On December 1, 2008, she paid the $455 fee for filing an appeal an d her appeal is pending.

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N ow before the court are plaintiff's motions for a discretionary remand of her case from the court of appeals and for an expedited ruling on that motion. It appears that plaintiff is seeking to have her case returned to this court so that she can amend her co m p lain t. Unfortunately, it is too late for her to do so. This court has decided her case and her appeal of that decision is pending. The court of appeals has jurisdiction over her appeal, no t this court. Therefore, plaintiff's motion for a discretionary remand must be denied. Her m otio n for expedited review will be denied as moot. O n July 1, 2009, plaintiff filed motions to submit a claim and to submit evidence. T he next day she filed a motion requesting that I hold these motions in abeyance until fu rth er notice. Because I have heard nothing further from plaintiff on these motions, I will co nsider that she has withdrawn them.

OR DER IT IS ORDERED that: 1 . Plaintiff's motion for an expedited ruling on her motion for a discretionary remand dkt. #20, is DENIED as moot. 2. Plaintiff's motion for a discretionary remand of her case from the court of appeals, dkt. #19, is DENIED. 3 . Plaintiff's motions to submit evidence, dkt.#17, and to submit claim, dkt. #16,

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are considered WITHDRAWN. The motion to hold in abeyance a decision on her motions, dkt. #18, is DENIED. E n tered this 31s t day of July, 2009. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

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