Jones v. Tolson et al

Filing 27

ORDER DENYING Motion for Relief From Judgment for Lack of Jurisdiction 26 , signed by Magistrate Judge Michael J. Seng on 9/5/17. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GARLAND A. JONES,

Case No. 1:15-cv-01037-MJS (PC)

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Plaintiff,

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v.
TOLSON, et al.,

ORDER DENYING MOTION FOR RELIEF
FROM JUDGMENT FOR LACK OF
JURISDICTION
(ECF No. 26)

Defendants

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis (“IFP”) in this
civil rights action brought pursuant to 42 U.S.C. § 1983. Plaintiff consented to Magistrate
Judge jurisdiction. (ECF No. 14.) Now pending before the Court is Plaintiff’s August 14,
2017 motion for relief from a judgment or order pursuant to Federal Rule of Civil
Procedure 60(b). (ECF No. 26.)

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Plaintiff’s case was dismissed on September 14, 2015, and judgment was entered

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that day. (ECF Nos. 17 & 18.) Plaintiff appealed. (ECF Nos. 20 & 21.) Since Plaintiff’s

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appeal was found to be untimely, on June 13, 2016, the appeal was dismissed for lack of
jurisdiction. (ECF No. 23.) The judgment took effect on July 6, 2016. (ECF No. 24.)

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Plaintiff filed his motion for relief from judgment after he appealed to the Ninth
Circuit and received a final determination on the merits. This Court no longer has
jurisdiction. See Griggs v. Provident Consumer Discount, 459 U.S. 56, 58 (1982)
(Generally, “[t]he the filing of a notice of appeal is an event of jurisdictional significance—
it confers jurisdiction on the court of appeals and divests the district court of its control
over those aspects of the case involved in the appeal.”) To the extent Plaintiff disagrees
with the Ninth Circuit’s determination, his remedy would be to appeal the Ninth Circuit’s
decision.
In light of the foregoing, Plaintiff’s motion for relief from judgment is DENIED for
lack of jurisdiction.

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IT IS SO ORDERED.

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Dated:

September 5, 2017

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE
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