Broussard v. Charvat, et al

Filing 26

ORDER DISMISSING PENDING MOTIONS by Judge Lucy H. Koh dismissing 17 Motion for Reconsideration ; dismissing 24 Motion for Transcripts (Attachments: # 1 Certificate/Proof of Service) (mpb, COURT STAFF) (Filed on 4/14/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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CURLEY JOHN BROUSSARD, JR.,
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Plaintiff,
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v.
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SUPERIOR COURT JUDGE, et al.,
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Defendants.
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No. C 13-4878 LHK (PR)
ORDER DISMISSING PENDING
MOTIONS

Plaintiff, a California state prisoner proceeding pro se, filed a prisoner’s civil rights

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action under 42 U.S.C. § 1983. On December 6, 2013, the court dismissed the case and entered

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judgment because plaintiff failed to timely pay the filing fee or file a motion for leave to proceed

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in forma pauperis.

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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 January 2, 2014, the Ninth Circuit Court of Appeals assigned a case number to

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plaintiff’s appeal and set a briefing schedule. On January 6, 2014, plaintiff filed a motion for

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reconsideration in this court. On March 26, 2014, plaintiff filed a motion for transcripts to be

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paid at the government’s expense.

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Once plaintiff files a notice of appeal, “the rule has generally been stated that the filing of

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a notice of appeal divests the district court of jurisdiction to dispose of the motion after an appeal

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has been taken, without a remand from this court.” Scott v. Younger, 739 F.2d 1464, 1466 (9th
Order Dismissing Pending Motions
P:\PRO-SE\LHK\CR.13\Broussard878postjud.wpd

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Cir. 1984) (citation omitted). Thus, plaintiff’s motions, filed after he noticed an appeal, are

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dismissed for lack of 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: 4/12/14
LUCY H. KOH
United States District Judge

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Order of Dismissal
P:\PRO-SE\LHK\CR.13\Broussard878postjud.wpd

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