Martha v. Contra Costa County

Filing 32

ORDER DENYING POST-JUDGMENT MOTIONS 22 26 27 28 (Illston, Susan) (Filed on 3/21/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GEORGE N. MARTHA,

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United States District Court
For the Northern District of California

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No. C 13-5401 SI (pr)

Petitioner,

ORDER DENYING POSTJUDGMENT MOTIONS

v.
ICE GOVERNMENT; et al.,
Respondents.
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Petitioner filed this pro se action for a writ of habeas corpus, apparently to challenge a

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final order of the United States Department of Immigration and Customs Enforcement (“I.C.E.”)

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that he be removed from the United States and sent to Israel. In an order filed December 10,

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2013, the court explained that the REAL ID Act of 2005 made the United States Court of

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Appeals the sole judicial body able to review challenges to final orders of removal, and

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dismissed the petition without prejudice to petitioner filing a petition for review in the United

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States Court of Appeals for the Ninth Circuit. The court later denied petitioner's motion for

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reconsideration. Petitioner then filed a notice of appeal.

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This matter is now before the court for consideration of petitioner's several post-judgment

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motions. Petitioner's motion to terminate the I.C.E. case (Docket # 22) and motion for jury trial

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on the dismissal (Docket # 26) are DENIED because the existence of the pending appeal divests

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this court of jurisdiction over those aspects of the case involved in the appeal. See Griggs v.

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Provident Consumer Discount Co., 459 U.S. 56, 58 (1982) (it is "generally understood that a

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federal district court and a federal court of appeals should not attempt to assert jurisdiction over

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a case simultaneously"); Pope v. Savings Bank of Puget Sound, 850 F.2d 1345, 1347 (9th Cir.

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1988). Assuming arguendo that this court retains jurisdiction to decide the collateral matters of

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a motion for appointment of counsel and for a fee waiver, the motions will be denied.

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Petitioner's motion to appoint counsel (Docket # 27) is DENIED because the interests of justice

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are not served by appointing counsel after a case has been dismissed. See 18 U.S.C. §

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3006A(a)(2)(B) (appointment of counsel appropriate when "the court determines that the

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interests of justice so require"). Petitioner's motion to waive fees (Docket # 28) is DENIED

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because the court does not have authority to waive the filing fees for an appeal. The denial of

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these motions is without prejudice to petitioner filing them again in the Ninth Circuit. All

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further motions should be made to the Ninth Circuit while the appeal is pending.
IT IS SO ORDERED.
DATED: March 21, 2014
SUSAN ILLSTON
United States District Judge

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