Richards et al v. Jackson, City of et al, No. 4:2016cv13520 - Document 66 (E.D. Mich. 2018)

Court Description: OPINION and ORDER Granting Defendant's 64 Motion for Stay of Proceedings. Signed by District Judge Linda V. Parker. (RLou)

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Richards et al v. Jackson, City of et al Doc. 66 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DASHUNA RICHARDS and EDDIE HARRIS, Plaintiffs, Civil Case No. 16-13520 Honorable Linda V. Parker v. CITY OF JACKSON and MATHEW PETERS, in his individual and official capacities, Defendants. ___________________________________/ OPINION AND ORDER GRANTING DEFENDANT’S MOTION FOR STAY OF PROCEEDINGS (ECF NO. 64) Defendant, Mathew Peters, filed a Notice of Appeal from this Court’s August 27, 2018 Order granting, in part, and denying, in part, Defendants’ Motion for Summary Judgment. (ECF Nos. 45, 59 & 62.) In due course, Defendant has requested the Court, through the instant motion, to stay proceedings pursuant to Fed. R. Civ. P. 6 b 4 and Fed. R. App. P. 8 a A . (ECF No. 64.) A proper notice of appeal divests the district court of jurisdiction and transfers jurisdiction to the court of appeals. Lewis v. Alexander, 987 F.2d 392, 394 (6th Cir. 1993). Therefore, as a matter of course, the Court will grant Defendant’s motion for stay of proceedings pending the disposition of Defendant’s appeal. 1 Dockets.Justia.com Accordingly, IT IS ORDERED that Defendant’s motion for stay of proceedings (ECF No. 64) is GRANTED. IT IS SO ORDERED. s/ Linda V. Parker LINDA V. PARKER U.S. DISTRICT JUDGE Dated: October 15, 2018 I hereby certify that a copy of the foregoing document was mailed to counsel of record and/or pro se parties on this date, October 15, 2018, by electronic and/or U.S. First Class mail. s/ R. Loury Case Manager 2

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