Perez v. State of California
ORDER signed by Magistrate Judge Kendall J. Newman on 07/17/17 ordering that plaintiff's objections 17 , construed as a motion for reconsideration, is dismissed for lack of jurisdiction. (Plummer, M)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
IVAN VALDEZ PEREZ,
No. 2:17-cv-0221 KJN P
STATE OF CALIFORNIA, COURT OF
Plaintiff is a former juvenile detained in the California Youth Authority. Plaintiff
consented to proceed before the undersigned for all purposes. See 28 U.S.C. § 636(c). On July 6,
2017, plaintiff filed objections to the May 4, 2017 order dismissing plaintiff’s complaint without
prejudice. However, on June 27, 2017, plaintiff filed a notice of appeal. Because plaintiff filed
his objections after he filed his appeal, plaintiff’s motion, construed as a motion for
reconsideration under Rule 60(b) of the Federal Rules of Civil Procedure, must be dismissed for
lack of jurisdiction. See Carriger v. Lewis, 971 F.2d 329, 332 (9th Cir. 1992) (en banc).
In accordance with the above, IT IS HEREBY ORDERED that plaintiff’s objections (ECF
No. 17), construed as a motion for reconsideration, is dismissed for lack of jurisdiction.
Dated: July 17, 2017
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?