Hall v. Annucci
- Kenneth Karas
- 7:19-cv-05521
- U.S. District Court · Southern District of New York
- 22
In Hall v. Annucci, Judge Karas denied Hall’s motion to vacate because his pending appeal transferred jurisdiction over the challenged judgment to the appeals court.
Hall’s motion to vacate the summary judgment order was denied; the court directed the Clerk of Court to terminate the motion and mail Hall a copy of the decision.
What happened
In Hall v. Annucci, Hall asked the district court to vacate its summary judgment order through an independent action. He had also appealed the court’s denials of earlier requests for relief from that order.
The court explained that filing a notice of appeal generally gives control over the challenged judgment to the appeals court and prevents the district court from making substantive changes while the appeal is pending. It therefore denied Hall’s motion because the district court lacked jurisdiction to vacate the order and judgment.
Judge Kenneth Karas directed the Clerk of Court to terminate the pending motion and mail a copy of the decision to Hall.
The detailed version
- Hall v. Annucci · No. 7:19-cv-05521
- Kenneth Karas
- Apr. 29, 2024
Background
Hall filed a motion asking the district court to vacate its summary judgment order through an “independent action.” The opinion states that Hall had also filed a notice of appeal challenging the court’s denials of his earlier motions under Federal Rule of Civil Procedure 60, which sought relief from the same summary judgment order.
Court’s Analysis
The court explained that filing a notice of appeal generally gives the appeals court jurisdiction over the aspects of the case involved in the appeal and removes the district court’s control over those matters. Although a district court may make certain clerical corrections to a judgment during an appeal, it may not make substantive changes to the judgment while the appeal is pending.
Ruling
The court denied Hall’s motion because it lacked jurisdiction to vacate the challenged order and judgment. The Clerk of Court was asked to terminate the pending motion and mail a copy of the decision to Hall.
Read the full 22-page opinion on CourtListener, the free public archive maintained by the Free Law Project.