Hollis v. Sahota et al

Filing 15

ORDER signed by Magistrate Judge Edmund F. Brennan on 7/10/2014 ORDERING that the court lacks jurisdiction to grant the relief requested in the 14 motion; and the Clerk shall terminate docket entry number 14 . (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARVIN GLENN HOLLIS,

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No. 2:13-cv-1841-EFB P

Plaintiff,
v.

ORDER

P. SAHOTA, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. This case was closed on May 21, 2014, and judgment was duly entered. ECF

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Nos. 10, 11. After filing a notice of appeal, ECF No. 12, plaintiff filed a motion for relief from

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judgment pursuant to Rule 60(b) of the Federal Rules of Civil Procedure, ECF No. 14. The

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motion is denied. When a Rule 60(b) motion is filed in the district court after a notice of appeal

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has been filed, the district court lacks jurisdiction to entertain the motion. Katzir Floor & Home

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Designs, Inc. v. M- MLS.com, 394 F.3d 1143, 1148 (9th Cir. 2004).

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Accordingly, the court lacks jurisdiction to grant the relief request in the motion and the
Clerk shall terminate docket entry number 14.
So ordered.
DATED: July 10, 2014.