Eichler v. Tilton et al
Filing
26
ORDER denying 25 Motion to Amend signed by Magistrate Judge Craig M. Kellison on 07/05/11. (Plummer, M)
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
DWAYNE EICHLER,
12
No. CIV S-09-1032-MCE-CMK-P
Plaintiff,
13
vs.
14
J. TILTON, et al.,
15
ORDER
Defendants.
16
/
17
Plaintiff, a state prisoner proceeding pro se, brought this civil rights action
18
pursuant to 42 U.S.C. § 1983. Pending before this court is plaintiff’s motion to file an amended
19
complaint (Doc. 25).
20
This case is closed and an appeal is pending in the Ninth Circuit Court of
21
Appeals. Plaintiff’s case was dismissed on May 16, 2011, for failure to state a claim, without
22
further leave to amended. Judgment was entered the same day. Plaintiff then filed a notice of
23
appeal, on May 31, 2011. That appeal has been docketed in the Ninth Circuit, divesting this
24
court of any jurisdiction.
25
///
26
///
1
1
2
Plaintiff is advised that documents filed in this case since the closing date will be
disregarded and no order will issue in response to future filings.
3
4
Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to amend is
denied.
5
6
7
8
DATED: July 5, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?