KREILEIN v. LEMMON ( 2020 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION ALAN KREILEIN, ) ) Plaintiff, ) ) Vv. ) No. 1:17-cv-03357-JPH-MPB ) GWENDOLYN HORTH, et al. ) ) Defendants. ) Order Plaintiff Alan Kreilein has filed two motions to reconsider the judgment in this case. At the same time he filed his first motion to reconsider, he filed a notice of appeal. Dkt. 151, 152. Mr. Kreilein's appeal is currently pending. The Seventh Circuit has stated: [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. Kusay v. United States, 62 F.3d 192, 193 (7th Cir.1995) (quoting Griggs v. Provident Consumer Discount Co., 459 U.S. 56,58 (1982)). Thus, this Court does not have jurisdiction to consider Mr. Kreilein's motions to reconsider and those motions, dkt. [151], and dkt. [164], is dismissed for lack of jurisdiction. SO ORDERED. Date: 10/9/2020 S|) ars Patrick hawlove James Patrick Hanlon United States District Judge Southern District of Indiana Distribution: ALAN KREILEIN 871626 PENDLETON - CORRECTIONAL INDUSTRIAL FACILITY CORRECTIONAL INDUSTRIAL FACILITY Inmate Mail/Parcels 5124 West Reformatory Road PENDLETON, IN 46064 Archer Riddick Randall Rose INDIANA ATTORNEY GENERAL archer.rose@atg.in.gov