Johnson et al v. Bay Area Rapid Transit District et al

Filing 578

ORDER Denying Plaintiff's #577 Request for Extension of Time to Order Trial Transcripts and to Move the Briefing Schedule (emclc2, COURT STAFF) (Filed on 8/2/2014)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 WANDA JOHNSON, et al., 9 Plaintiffs, 11 For the Northern District of California United States District Court 10 v. BAY AREA RAPID TRANSIT DISTRICT, et al., No. C-09-0901 EMC CONSOLIDATED CASES C-09-4014 EMC (Grant) C-09-4835 EMC (Bryson, et al.) C-10-0005 EMC (Caldwell) 12 13 14 Defendants. ___________________________________/ ORDER RE OSCAR GRANT, JR.’S REQUEST FOR EXTENSION OF TIME AND RELATED ACTIONS. ___________________________________/ (Docket No. 577) 15 16 17 On August 1, 2014, Plaintiff Oscar Grant, Jr. filed a “Request for an Extension of Time to 18 Order Trial Transcripts and to Move the Briefing Schedule.” Dkt. No. 577. Inexplicably, Plaintiff is 19 requesting this Court to grant relief from the August 4, 2014 deadline for requesting trial transcripts 20 set by the United States Court of Appeals for the Ninth Circuit. This Court does not have the power 21 to alter deadlines set by the Ninth Circuit and, unsurprisingly, Plaintiff has not cited any. Plaintiff is 22 advised that he has filed a notice of appeal from the judgment in this action. Dkt. No. 573. The 23 filing of this notice has deprived this Court of jurisdiction over this action. See Masalosalo v. 24 Sonewall Ins. Co., 718 F.2d 955, 956 (9th Cir. 1983) (“The effective filing of a notice of appeal 25 transfers jurisdiction from the district court to the court of appeals with respect to all matters 26 involved in the appeal.”). 27 /// 28 /// 1 2 3 Accordingly, Plaintiff’s request for an extension of time is DENIED as improperly filed in this Court. IT IS SO ORDERED. 4 5 Dated: August 2, 2014 6 _________________________ EDWARD M. CHEN United States District Judge 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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