Williams v. Ortega et al

Filing 38

ORDER Denying 35 Request to Stay Case Pending Interlocutory Appeal. The Court's order requiring Williams to amend the claim that was dismissed withoutprejudice remains in effect, except that the Court extends the time by an additional 21 calendar days. Signed by Chief Judge Larry Alan Burns on 11/20/2019. (All non-registered users served via U.S. Mail Service) (jdt)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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LANCE WILLIAMS,
CDCR #AG-2394,
vs.

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ORDER DENYING REQUEST TO
STAY CASE PENDING
INTERLOCUTORY APPEAL

Plaintiff,

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Case No.: 3:18-cv-00547-LAB-MDD

O. ORTEGA, et al.,
Defendants.

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The Court on November 4, 2019 dismissed certain claims against defendants

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Melgoza and Kimani with prejudice, and one claim against Kimani without prejudice and

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with leave to amend. The Court gave Williams 21 days to amend the claim against Kimani

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that was dismissed without prejudice. Claims against other Defendants remain pending.

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Williams then filed a notice of appeal, along with a request to stay the case until the

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appeal is adjudicated. (Docket no. 34.) Ordinarily, a notice of appeal divests the Court of

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jurisdiction over the matters appealed. Griggs v. Provident Consumer Discount Co., 459
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3:18-cv-00547-LAB-MDD

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U.S. 56, 58 (1982) (per curiam). But a notice of appeal from a nonappealable interlocutory

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order does not divest the Court of jurisdiction. Estate of Conners v. Meredith v. O’Connor,

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6 F.3d 656, 658 (9th Cir. 1983); Ruby v. Secretary of the Navy, 365 F.2d 385, 389 (9th Cir.

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1966) (en banc).

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The Court’s order requiring Williams to amend the claim that was dismissed without

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prejudice remains in effect, except that the Court extends the time by an additional 21

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calendar days. If he does not amend within the time permitted, the Court will treat that

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claim as abandoned. The motion to stay is DENIED.

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IT IS SO ORDERED.

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Dated: November 20, 2019
Hon. Larry Alan Burns
Chief United States District Judge

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3:18-cv-00547-LAB-MDD