Watt v. Roth

Filing 51

ORDER by Judge Saundra Brown Armstrong, DENYING AS MOOT 41 Motion for Leave to Appeal in forma pauperis. Signed by Judge ARMSTRONG on 12/11/08. (lrc, COURT STAFF) (Filed on 12/12/2008) Modified on 12/15/2008 (jlm, COURT STAFF).

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION TANIS JOCELYN WATT, Plaintiff, v. DAVID LEE ROTH, et al., Defendants. No. C 05-05234 SBA ORDER [Docket Nos. 40-41]

Before the Court is a motion by plaintiff to transfer this matter to Judge Breyer because he "seems to come to work Sat & Sun." Docket No. 40. This matter was dismissed on July 10, 2006. See Docket No. 12. The Court denied plaintiff's motion to vacate her dismissal on September 24, 2008. See Docket No. 37. The Court denied plaintiff's motion to vacate its September 24, 2008 Order, on October 22, 2008. See Docket No. 39. On November 3, 2008, plaintiff filed a Notice of Appeal. See Docket No. 42. As of this date, the Court no longer has jurisdiction over this matter. See Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 58 (1982) (per curiam), cited in City of Los Angeles, Harbor Div. v. Santa Monica Baykeeper, 254 F.3d 882, 885 (9th Cir. 2001).1 This motion is DENIED without prejudice. Also before the Court is an Application to Proceed in Forma Pauperis on Appeal. Docket No. 41. Plaintiff paid a filing fee for her appeal on December 3, 2008. See Docket entry for 12/3/2008. This motion is DENIED as moot.

IT IS SO ORDERED. December 10, 2008 _________________________________ Saundra Brown Armstrong United States District Judge

The Ninth Circuit has instructed plaintiff to either dismiss her appeal or explain why it should not be disposed of in a summary manner, i.e., without any briefing. Docket No. 50.

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA WATT et al, Plaintiff, v. ROTH et al, Defendant. /

Case Number: CV05-05234 SBA CERTIFICATE OF SERVICE

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 12, 2008, 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.

Tanis Jocelyn Watt C/O 337-A6 UPS 580 Crespi Drive Pacifica, CA 94044 Dated: December 12, 2008 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk

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