Johnson v. Piontek

District Court, E.D. Wisconsin

Johnson v. Piontek

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN CONNAN DALE JOHNSON,

Plaintiff, v. Case No. 19-C-1158 SHERI L. PIONTEK, et al., Defendants.

ORDER The court issued a screening order on August 28, 2019, dismissing Plaintiff’s complaint for

failure to state a claim. Plaintiff filed a notice of appeal on September 30, 2019. Presently before the court is Plaintiff’s motion to strike the judgment and cancel the strike against him. “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.” United States v. McHugh,

528 F.3d 538, 540

(7th Cir. 2008). Because Plaintiff filed a notice of appeal in this case, the district court no longer has jurisdiction over Plaintiff’s case. Accordingly, Plaintiff’s motion to strike the judgment and cancel the strike against him (Dkt. No.

18) is DENIED. SO ORDERED this 4th day of November, 2019. s/ William C. Griesbach William C. Griesbach, District Judge United States District Court - WIED

Reference

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