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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O 1 2 3 4 5 6 7 8 United States District Court Central District of California 9 10 11 12 DANIEL E. VARGAS, Plaintiff, 13 14 Case No. 5:14-cv-00859-ODW(JCGx) ORDER STRIKING MOTION TO v. 15 JP MORGAN CHASE BANK, N.A.; VOLUNTARILY DISMISS APPEAL 16 MORTGAGE ELECTRONIC [25] 17 REGISTRATION SYSTEMES, INC.; 18 CITIBANK, N.A.; WILMINGTON 19 TRUST, N.A.; CALIFORNIA 20 RECONVEYANCE COMPANY; DOES 21 1-10, INCLUSIVE, 22 Defendants. 23 On August 18, 2014, Plaintiff Daniel E. Vargas filed a putative Plaintiff– 24 Appellant’s Motion to Voluntarily Dismiss the Appeal Without Prejudice under 25 Federal Rule of Appellate Procedure 42(b). (ECF No. 25.) But that Rule only 26 provides for dismissal by the court of appeals—not the district court. Contrast Fed. R. 27 App. P. 42(a) (allowing for dismissal by the district court but only before the appellate 28 court dockets the appeal). 1 Since this Court is not the Court of Appeals, the Court cannot dismiss Vargas’s 2 appeal. The Court therefore STRIKES the Motion. (ECF No. 25.) Vargas may of 3 course properly submit the Motion before the Court of Appeals. 4 IT IS SO ORDERED. 5 6 August 19, 2014 7 8 9 ____________________________________ OTIS D. WRIGHT, II UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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