Daniel E. Vargas Jr. v. JP Morgan Chase Bank NA et al

Filing 27

ORDER STRIKING MOTION TO VOLUNTARILY DISMISS APPEAL 25 by Judge Otis D. Wright, II : Since this Court is not the Court of Appeals, the Court cannot dismiss Vargas's appeal. The Court therefore STRIKES the Motion. Vargas may of course properly submit the Motion before the Court of Appeals. (lc). Modified on 8/19/2014. (lc). Modified on 8/19/2014 (lc).

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United States District Court
Central District of California

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DANIEL E. VARGAS,
Plaintiff,

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Case No. 5:14-cv-00859-ODW(JCGx)
ORDER STRIKING MOTION TO

v.

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JP MORGAN CHASE BANK, N.A.;

VOLUNTARILY DISMISS APPEAL

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MORTGAGE ELECTRONIC

[25]

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REGISTRATION SYSTEMES, INC.;

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CITIBANK, N.A.; WILMINGTON

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TRUST, N.A.; CALIFORNIA

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RECONVEYANCE COMPANY; DOES

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1-10, INCLUSIVE,

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Defendants.

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On August 18, 2014, Plaintiff Daniel E. Vargas filed a putative Plaintiff–

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Appellant’s Motion to Voluntarily Dismiss the Appeal Without Prejudice under

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Federal Rule of Appellate Procedure 42(b). (ECF No. 25.) But that Rule only

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provides for dismissal by the court of appeals—not the district court. Contrast Fed. R.

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App. P. 42(a) (allowing for dismissal by the district court but only before the appellate

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court dockets the appeal).

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Since this Court is not the Court of Appeals, the Court cannot dismiss Vargas’s

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appeal. The Court therefore STRIKES the Motion. (ECF No. 25.) Vargas may of

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course properly submit the Motion before the Court of Appeals.

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IT IS SO ORDERED.

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August 19, 2014

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____________________________________
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE

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