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Jones v. Hill

United States District Court, W.D. North Carolina, Asheville Division

September 8, 2014

JUANITA L. JONES, a/k/a JUANITA L. OWENS, Plaintiff,
v.
J. CALVIN HILL, et al., Defendants.

ORDER

MARTIN REIDINGER, District Judge.

THIS MATTER is before the Court on the following filings by the Plaintiff:

(1) "Motion for Default Judgment for Ron Moore" [Doc. 106];
(2) "Motion for Default Judgment for Universal Insurance" [Doc. 107];
(3) "Second Motion for Obstruction of Justice" [Doc. 108];
(4) "Evidence against Universal Insurance Co., Paul Swank-Agent, Geico Insurance Agency a/k/a Arrowhead General Insurance Agency, District of Buncombe County";
(5) "Second Motion for Default Judgment against Ron Moore" [Doc. 114];
(6) "Third Motion for Obstruction of Justice" [Doc. 115];
(7) "Motion Denying Conscent [sic] for All Magistrate Judges" [Doc. 116];
(8) "Motion to Recuse Martin Reidinger with Evidence to Support" [Doc. 118];
(9) "Motion to Vacate Hearing" [Doc. 119]; and
(10) "Evidence against Ron Moore Roy Cooper and Officials Fraud and Corruption" [Doc. 120].

On March 21, 2014, the Court entered an Order denying several of the pro se Plaintiff's motions and ordering her to refrain from filing any further pleadings, with the exception of filing responses to motions to dismiss, pending a ruling on the Defendants' motions to dismiss. [Doc. 78]. On March 28, 2014, the Plaintiff filed a notice of appeal of the Court's interlocutory order. [Doc. 80]. That appeal is currently pending before the Fourth Circuit Court of Appeals.

Since the filing of that appeal, the Plaintiff has filed numerous motions and other pleadings for the Court's consideration. Generally, the filing of a notice of appeal "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 Disc. Co. , 459 U.S. 56, 58 (1982). Only final orders and certain enumerated interlocutory and collateral orders, however, may be appealed without leave of Court. See 28 U.S.C. ยงยง 1291, 1292; Fed. R. App. P. 4, 5. If a plaintiff prematurely appeals an unappealable interlocutory order, the district court retains jurisdiction over the case. See Melvin v. Social. Sec. Admin., No. 5:09-CV-235-FL, 2010 WL 3743543, at *3 (E.D. N.C. Sept. 14, 2010) (citing Wis. Mut. Ins. Co. v. United States , 441 F.3d 502, 504 (7th Cir. 2006) ("[A]n appeal taken from an interlocutory decision does ...


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