In re Gracie Marie Miles
Filing
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ORDER by Judge ARMSTRONG denying 30 Motion for Reconsideration (lrc, COURT STAFF) (Filed on 3/5/2013)
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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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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.
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Docket 30
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On March 30, 2012, the Court dismissed the Debtor’s bankruptcy appeal without
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prejudice for failure to prosecute. Dkt. 27. On April 30, 2012, the Debtor filed a notice of
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appeal and a motion for reconsideration. Dkt. 28, 29. On May 1, 2012, the Debtor
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superseded her motion for reconsideration with a corrected motion for reconsideration.
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Dkt. 30. However, the Debtor’s filing of a notice of appeal divested this Court of
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jurisdiction to consider her corrected motion for reconsideration. Gould v. Mutual Life Ins.
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Co., 790 F.2d 769, 772 (9th Cir. 1986). In any event, the Debtor’s motion is moot in light
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of the Ninth Circuit’s mandate dismissing the appeal as being “so insubstantial as to not
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warrant further review[.]” Dkt. 33. Accordingly,
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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
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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA
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IN RE GRACE MARIE MILES,
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Plaintiff,
v.
IN RE GRACE MARIE MILES et al,
Defendant.
/
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Case Number: CV10-04725 SBA
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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 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.
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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
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E. Lynn Schoenmann
800 Powell Street
San Francisco, CA 94104
Grace Marie Miles
P.O. Box 939
Los Altos, CA 94023-0939
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Judge Thomas E. Carlson
US Bankruptcy Court
235 Pine Street
PO Box 7341
San Francisco, CA 94120
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Dated: March 5, 2013
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Richard W. Wieking, Clerk
By: Lisa Clark, Deputy Clerk
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