Gregory Richardson v. VDOC, No. 10-7607 (4th Cir. 2011)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-7607 GREGORY A. RICHARDSON, Petitioner - Appellant, v. VIRGINIA DEPARTMENT OF CORRECTIONS; VIRGINIA PAROLE BOARD; WARDEN OF SUSSEX I STATE PRISON, Respondents - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge. (3:07-cv-00514-REP) Submitted: June 30, 2011 Decided: July 5, 2011 Before WILKINSON, DUNCAN, and WYNN, Circuit Judges. Dismissed by unpublished per curiam opinion. Gregory A. Richardson, Appellant Pro Se. Richard Carson Vorhis, Senior Assistant Attorney General, Richmond, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Gregory A. Richardson seeks to appeal the district court s order dismissing without prejudice his motions for stay and for injunctive relief, filed in his 28 U.S.C.A. ยง 2255 (West Supp. 2010) action. The district court noted that it lacked jurisdiction on to rule Richardson s previously filed a notice of appeal. motions because he had 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. Co., 459 U.S. 56, 58 (1982). Griggs v. Provident Consumer Disc. Accordingly, we dismiss the appeal on the reasoning of the district court. Richardson v. Va. Dep t of Corr., No. 3:07-cv-00514-REP (E.D. Va. Oct. 15, 2010). dispense with oral argument because the facts and We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2
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