Akomolafe v. Cornell Corr Corp ( 2004 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS June 21, 2004
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-51414
Summary Calendar
ABAYOMI CHARLES AKOMOLAFE,
also known as Abayomi Charles Akomolafe,
also known as Charles Abayomi Akomolafe,
Plaintiff-Appellant,
versus
CORNELL CORRECTIONS CORP., ET AL.,
Defendants,
CORNELL CORRECTIONS CORP.,
Defendant-Appellee.
Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-02-CV-122-FM
Before JONES, BENAVIDES and CLEMENT, Circuit Judges.
PER CURIAM:*
In this civil rights case, the district court entered a
final judgment dismissing the action on December 4, 2003. On
December 15, 2003, the plaintiff filed a pro se notice of appeal
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
from the judgment entered December 4, 2003. Thereafter, the
district court advised this court that it was inclined to reinstate
the action in order to correct an error in the judgment of
dismissal pursuant to FED. R. CIV. P. 60.
The district court was divested of jurisdiction by the
filing of a timely notice of appeal. See Alvestad v. Monsanto Co.,
671 F.2d 908, 911 n.2 (5th Cir. 1982). Under these circumstances,
we treat the district court’s informal indication that it is
inclined to grant reinstatement as a request for remand and
authorization to grant relief pursuant to FED. R. CIV. P. 60. We
remand the case to the district court to conduct such further
proceedings as may be necessary. See Rutherford v. Harris County,
Tex., 197 F.3d 173, 190 (5th Cir. 1999). We do not retain
jurisdiction and any party desiring to appeal the district court’s
order on remand must file a new notice of appeal.
REMANDED.
2