Therefore, when this Court denied Judd's application for in
forma pauperis status on October 2, 2001 pursuant to
28 U.S.C. § 1915(g), the order became appealable as a final collateral
Thus, once Judd filed his notice of appeal to the Third
Circuit on October 17, 2001, this Court was divested of its
control over those aspects of the case involved in the appeal.
See Griggs v. Provident Consumer Discount Co., 459 U.S. 56,
58, 103 S.Ct. 400, 74 L.Ed.2d 225 (1982) (per curiam).
Consequently, the Court is constrained to agree with plaintiff
that the Court's Order of November 13, 2001, wherein the
Complaint in the instant action was deemed withdrawn and the
docket closed, is void because the Court lacked jurisdiction at
that time to issue an order affecting the issue on appeal.
Nevertheless, Judd's motion for relief is now moot because
both appeals filed by Judd in this matter have been dismissed by
the Third Circuit on January 7, 2002 and March 14, 2002,
respectively, and jurisdiction is returned to this Court. Based
on this Court's ruling, supra, that Judd is not entitled to
in forma pauperis status pursuant to 28 U.S.C. § 1915(g), and
because Judd has not paid the $150.00 filing fee or shown
imminent danger of serious physical injury at the time he filed
his Complaint or in his amended motion to proceed in forma
pauperis, the Court now deems the Complaint withdrawn and the
docket will be closed accordingly. Therefore, Judd's Rule 60(b)
motion is dismissed as moot.
For the foregoing reasons, the Court denies plaintiffs amended
motion to proceed in forma pauperis pursuant to
28 U.S.C. § 1915(g) and dismisses his Rule 60(b) motion for relief from
judgment as moot.
For the reasons expressed in the Court's Opinion filed
It is on this 7th day of May, 2002,
ORDERED that plaintiff amended motion to proceed in forma
pauperis is DENIED pursuant to 28 U.S.C. § 1915(g); and it is
ORDERED that plaintiffs motion for relief from judgment
pursuant to Fed.R.Civ.P. 60(b) is DISMISSED as moot; and it is
ORDERED that plaintiffs Complaint is deemed WITHDRAWN for
failure to pay the $150.00 filing fee, and the Clerk is directed
to close the docket without filing the Complaint or assessing