Belyew v. Hornea et al

Filing 102

ORDER signed by Chief District Judge Kimberly J. Mueller on 1/16/2023 GRANTING in PART and DENYING in PART 100 Motion to Amend the Complaint. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Lisa Marie Perez,

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Plaintiff,

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No. 2:17-cv-00508 KJM AC
ORDER

v.
Kory L. Honea, et al.,

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Defendants.

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The court previously adopted the Magistrate Judge’s recommendation to grant summary

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judgment to defendants and close the case. See F&Rs, ECF No. 91, adopted, ECF No. 95; see

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also Judgment, ECF No. 96. Plaintiff is currently pursuing an appeal. See Not. Appeal, ECF

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No. 97. She now seeks leave to amend her complaint to change her last name from Belyew to

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Perez; she proposes no other amendments. See Mot., ECF No. 100.

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The Clerk of Court is instructed to update the docket of this action to refer to plaintiff as

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“Lisa Marie Perez.” The court finds it has jurisdiction to grant that relief. See Brennan v. Opus

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Bank, 796 F.3d 1125, 1134 (9th Cir. 2015) (“Final judgment and even the filing of a notice of

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appeal does not divest a district court of its jurisdiction over matters ancillary to the

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appeal . . . .”). The motion for leave to amend is granted in part to that extent and otherwise

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denied.

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IT IS SO ORDERED.
DATED: January 16, 2024.

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