In re Gracie Marie Miles

Filing 35

ORDER by Judge ARMSTRONG denying 30 Motion for Reconsideration (lrc, COURT STAFF) (Filed on 3/5/2013)

1
2
3
4

UNITED STATES DISTRICT COURT

5

FOR THE NORTHERN DISTRICT OF CALIFORNIA

6

OAKLAND DIVISION

7
8 IN RE GRACE MARIE MILES, aka JANE

DOE, aka MARIE MILES, aka GRACE M.
9 MILES,

Case No: C 10-4725 SBA
ORDER DENYING MOTION FOR
RECONSIDERATION

Debtor.

10

Docket 30
11
12
13

On March 30, 2012, the Court dismissed the Debtor’s bankruptcy appeal without

14

prejudice for failure to prosecute. Dkt. 27. On April 30, 2012, the Debtor filed a notice of

15

appeal and a motion for reconsideration. Dkt. 28, 29. On May 1, 2012, the Debtor

16

superseded her motion for reconsideration with a corrected motion for reconsideration.

17

Dkt. 30. However, the Debtor’s filing of a notice of appeal divested this Court of

18

jurisdiction to consider her corrected motion for reconsideration. Gould v. Mutual Life Ins.

19

Co., 790 F.2d 769, 772 (9th Cir. 1986). In any event, the Debtor’s motion is moot in light

20

of the Ninth Circuit’s mandate dismissing the appeal as being “so insubstantial as to not

21

warrant further review[.]” Dkt. 33. Accordingly,

22
23
24
25
26
27
28

IT IS HEREBY ORDERED THAT the Debtor’s corrected motion for
reconsideration is DENIED. This Order terminates Docket 30.
IT IS SO ORDERED.
Dated: March 4, 2013

______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

1
2
3

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

4
5

IN RE GRACE MARIE MILES,

6
7
8
9

Plaintiff,
v.
IN RE GRACE MARIE MILES et al,
Defendant.
/

10
11

Case Number: CV10-04725 SBA

12

CERTIFICATE OF SERVICE

13
14
15
16
17
18

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 March 5, 2013, 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.

19
20
21
22
23
24
25
26
27
28

U.S. Trustee
Office of the U.S. Trustee / SF
Office of the U.S. Trustee
235 Pine Street
Suite 700
San Francisco, CA 94104
United States Bankruptcy Court Northern District of California
USBC-San Francisco
for the Northern Dist. of CA
235 Pine St
P.O. Box 7341
San Francisco, CA 94104
-2-

1
2
3
4

E. Lynn Schoenmann
800 Powell Street
San Francisco, CA 94104
Grace Marie Miles
P.O. Box 939
Los Altos, CA 94023-0939

5

8

Judge Thomas E. Carlson
US Bankruptcy Court
235 Pine Street
PO Box 7341
San Francisco, CA 94120

9

Dated: March 5, 2013

6
7

10

Richard W. Wieking, Clerk
By: Lisa Clark, Deputy Clerk

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-3-