Olic v. Chacon et al

Filing 45

ORDER signed by District Judge Kimberly J. Mueller on 04/19/19 DENYING the 43 Motion for Relief as the court lacks jurisdiction to grant the relief requested in the motion. (Benson, A.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MILORAD OLIC,

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No. 2:16-cv-2128-KJM-EFB P
Plaintiff,

v.

ORDER

R. CHACON, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding without counsel in an action brought under 42 U.S.C.
§ 1983, has filed a motion for relief from judgment.
This case was closed on February 27, 2019, and judgment was duly entered. ECF Nos.

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38, 39. After filing a notice of appeal, ECF No. 40, plaintiff filed a “motion for relief,” which the

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court construes as a motion for relief from judgment pursuant to Rule 60(b) of the Federal Rules

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of Civil Procedure, ECF No. 43. The motion is denied. When a Rule 60(b) motion is filed in the

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district court after a notice of appeal has been filed, the district court is without jurisdiction to

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entertain the motion. Katzir Floor & Home Designs, Inc. v. M- MLS.com, 394 F.3d 1143, 1148

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(9th Cir. 2004).

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Accordingly, the court lacks jurisdiction to grant the relief requested in the motion and the
Clerk shall terminate docket entry number 43.

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So ordered.

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DATED: April 19, 2019.

UNITED STATES DISTRICT JUDGE