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)

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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

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