Michael W. Owens, Plaintiff-appellant, v. Circuit Court, City of Virginia Beach; Supreme Court Ofvirginia, Defendants-appellees, 907 F.2d 1139 (4th Cir. 1990)

Michael W. Owens, a Virginia prisoner, brought this 42 U.S.C. § 1983 action in the district court seeking injunctive relief. The district court dismissed the action. Owens noted an appeal and filed a timely motion for reconsideration pursuant to Fed. R. Civ. P. 59. A timely filed Rule 59 motion acts to nullify a notice of appeal because the district court retains jurisdiction over a case in which such a motion has been filed. Griggs v. Provident Consumer Discount Co., 459 U.S. 56 (1982). Owens's Rule 59 motion rendered his notice of appeal without effect, so this Court does not have jurisdiction over the case. We dismiss the appeal and dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the Court and argument would not significantly aid in the decisional process.

DISMISSED.