Thomas v. Correa

Filing 23

ORDER RE PLAINTIFFS MOTION, OBJECTION, AND PETITION FOR TERMINATION OF PARENTAL RIGHTS OF AIDA CORREA(Docket No. 21). Signed by Judge Edward M. Chen on 12/10/09. (bpf, COURT STAFF) (Filed on 12/10/2009)

1 2 3 4 5 6 7 8 9 10 v. AIDA CORREA, Defendant. ___________________________________/ RANDY L. THOMAS, Plaintiff, ORDER RE PLAINTIFF'S MOTION, OBJECTION, AND PETITION FOR TERMINATION OF PARENTAL RIGHTS OF AIDA CORREA (Docket No. 21) No. C-09-1487 EMC UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

United States District Court

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For the Northern District of California

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Previously, the Court dismissed the instant case with prejudice for lack of subject matter jurisdiction and for failure to state a claim for relief. See Docket No. 10 (order, filed on 7/10/2009). Plaintiff appealed the Court's order. See Docket No. 13 (notice of appeal, dated 8/10/2009). The appeal is now pending before the Ninth Circuit. After filing the appeal, Plaintiff filed with this Court a motion, objection, and petition for the termination of Aida Correa's parental rights. /// /// /// /// /// /// /// ///

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Because the case has been appealed to the Ninth Circuit, the Court has no jurisdiction over Plaintiff's current motion. See Laurino v. Syringa Gen. Hosp., 279 F.3d 750, 755 (9th Cir. 2002) ("It is black letter law that, once a notice of appeal is filed from a final judgment, the district court is divested of jurisdiction."). The Clerk of the Court is instructed to provide the Ninth Circuit with a copy of Plaintiff's motion. In addition, the Court advises Plaintiff that, while this case is on appeal, requests for relief of the kind made in his motion should be filed with the Ninth Circuit, not this Court.

IT IS SO ORDERED.

United States District Court

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For the Northern District of California

Dated: December 10, 2009 _________________________ EDWARD M. CHEN United States Magistrate Judge

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1 2 3 4 5 6 7 8 9 10 RANDY L. THOMAS, Plaintiff, v. CORREA et al, Defendant.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV09-01487 EMC CERTIFICATE OF SERVICE

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on December 10, 2009, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

United States District Court

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For the Northern District of California

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Randy L. Thomas 5906 Barrington Drive Charlotte, NC 28215

Dated: December 10, 2009

Richard W. Wieking, Clerk By: Betty Lee, Deputy Clerk

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