Sua v. Woodford

Filing 25

ORDER denying 24 Motion to for stay without prejudice. Signed by Judge Jeffrey T. Miller on 3/8/2010. (All non-registered users served via U.S. Mail Service)(tkl)(jrl).

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
MICHAEL RAYMOND SUA, vs. JAMES TILTON, Respondent. On or about February 26, 2010, the court received from Petitioner a motion to stay these proceedings. The court denies the motion without prejudice because the court is divested of subject matter jurisdiction to entertain Petitioner's merits-based motion. This action is presently on appeal before the Ninth Circuit. Until the district court receives the mandate from the Ninth Circuit transferring jurisdiction back the district court, the court lacks jurisdiction to entertain the motion to stay. See Nascimento v. Dummer, 508 F.3d 905, 908 (9th Cir. 2007). Accordingly, the motion to stay the proceedings is denied without prejudice. IT IS SO ORDERED. DATED: March 8, 2010 Hon. Jeffrey T. Miller United States District Judge Petitioner, CASE NO. 07cv1338 JM(BLM) ORDER DENYING MOTION FOR STAY WITHOUT PREJUDICE

07cv1338