Tommie L. Toliver v. County of Sullivan Richard L. Green Lloyd T. Shimer Leon Siegal and Brian Ingber

Tommie Toliver, appellant pro se, appeals from an order of the United States District Court for the Southern District of New York, Thomas P. Griesa, Judge, granting the defendants’ rule 60(b) motion to reopen the judgment and assessing $11,-825 in attorney’s fees against Toliver. The district court lacked jurisdiction to grant the motion, because Toliver already had filed his notice of appeal to this court. We therefore reverse.

BACKGROUND

Toliver brought his action under 42 U.S.C. §§ 1981 and 1983, and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-5, against defendants Sullivan…