Jones v. Mailroom Officials, et al.

Filing 39

ORDER DISREGARDING 37 Plaintiff's Motion That He Did Not Receive the Order or Judgment signed by Magistrate Judge Sheila K. Oberto on 9/5/2019. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GARLAND A. JONES,

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Plaintiff,

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v.
MAILROOM OFFICIALS, et al.,

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No. 1:17-cv-00281-LJO-SKO (PC)
ORDER ON PLAINTIFF’S MOTION
THAT HE DID NOT RECEIVE THE
ORDER OR JUDGMENT
(Doc. 37)

Defendants.

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On September 3, 2019, Plaintiff filed a motion indicating that he did not receive the final
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order or judgment in this case. (Doc. 37.) The history of Plaintiff’s filings in this case indicate to

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the contrary as Plaintiff filed a notice of appeal on the judgment which is currently pending
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before the Ninth Circuit Court of Appeals. (See Docs. 26, 27, 29.) Thus, Plaintiff’s motion is

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moot. Further, the filing of Plaintiff’s notice of appeal generally divested this Court of
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jurisdiction during the pendency of his appeal. Pyrodyne Corp. v. Pyrotronics Corp., 847 F.2d
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1398, 1403 (9th Cir. 1988). Plaintiff’s recourse is no longer with this court and this court will not

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entertain any further motions filed by Plaintiff unless directed to do so by the appellate court.
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Accordingly, Plaintiff’s motion, filed September 3, 2019, (Doc. 37), is DISREGARDED since

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moot.
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IT IS SO ORDERED.
Dated:

September 5, 2019

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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