Shove-v-Brown et al

Filing 92

ORDER by Judge Ronald M. Whyte Denying and Dismissing 80 Motion for Hearing to Review the Court's Conflict of Interest; Denying and Dismissing 81 Motion for Protections and Protective Orders. (jgS, COURT STAFF) (Filed on 4/18/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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THEODORE SHOVE,
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Plaintiff,
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v.
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EDMUND G. BROWN, et al.,
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Defendants.
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No. C 12-0211 RMW (PR)
ORDER DENYING AND
DISMISSING PENDING
MOTIONS

Plaintiff, an inmate on death row at San Quentin State Prison and proceeding pro se, filed

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a civil rights action under 42 U.S.C. § 1983 complaining about various problems, including

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California’s slow process for reviewing capital convictions and sentences. On November 27,

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2013, the court dismissed this action for failure to state a claim, and entered judgment. On

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December 10, 2013, plaintiff filed a motion for hearing to review the court’s conflict of interest

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because the undersigned was a named defendant, and a motion for “protections and protective

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orders.” These motions are DENIED as moot.

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On December 23, 2013, plaintiff filed a notice of appeal to the Ninth Circuit Court of

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Appeals. On February 26, 2014, the Ninth Circuit concluded that the appeal was so insubstantial

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as to not warrant further review, and issued the mandate. Once plaintiff files a notice of appeal,

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“the rule has generally been stated that the filing of a notice of appeal divests the district court of

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jurisdiction to dispose of the motion after an appeal has been taken, without a remand from this
Order Denying and Dismissing Pending Motions
P:\PRO-SE\RMW\CR.12\Shove211misc.wpd

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court.” Scott v. Younger, 739 F.2d 1464, 1466 (9th Cir. 1984) (citation omitted). Thus,

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plaintiff’s remaining motions, filed after he noticed an appeal, are DISMISSED for lack of

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jurisdiction.

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No further filings will be accepted in this closed case.

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IT IS SO ORDERED.

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DATED:
RONALD M. WHYTE
United States District Judge

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Order of Dismissal
P:\PRO-SE\RMW\CR.12\Shove211misc.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

THEODORE SHOVE et al,

Case Number: CV12-00211 RMW

Plaintiff,

CERTIFICATE OF SERVICE

v.
EDMUND G. BROWN et al,
Defendant.

/

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 April 18, 2014, 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.

Theodore Shove G11092
San Quentin State Prison
4EB117
San Quentin, CA 94974
Dated: April 18, 2014
Richard W. Wieking, Clerk
By: Jackie Lynn Garcia, Deputy Clerk