Barnett v. Luna

Filing 183

ORDER REGARDING MOTION FOR RECONSIDERATION 158 - Signed by JUDGE SUSAN OKI MOLLWAY on 1/9/09. (emt, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII GREGORY P. BARNETT, #A4000428, ) ) ) Petitioner, ) ) vs. ) ) TODD THOMAS, ) ) ) Respondent. _____________________________ ) CIVIL NO. 07-00491 SOM-BMK ORDER REGARDING MOTION FOR RECONSIDERATION ORDER REGARDING MOTION FOR RECONSIDERATION Before the court is pro se Petitioner Gregory P. Barnett's Motion for Reconsideration ("Motion") of the court's November 13, 2008, Order denying Barnett's Objection to Magistrate's Order Denying Discovery. (Doc. No. 158.) The court is divested of jurisdiction to adjudicate this Motion. of Appeal. On December 2, 2008, Barnett filed a timely Notice "The filing of a notice of appeal is (Doc. No. 165.) an event of jurisdictional significance-it confers jurisdiction on the court of appeals and divests the district court of its control over those aspects of the case involved in the appeal." Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 58 (1982). The November 13, 2008, Order which Barnett seeks reconsideration of is not the final Judgment or an otherwise appealable order. See Fed. R. App. P. 4(a)(4). Thus, it is an This court, aspect of the case now involved in the appeal. therefore, has lost jurisdiction and declines to rule on Barnett's Motion. IT IS SO ORDERED. DATED: Honolulu, Hawaii, January 9, 2009. /s/ Susan Oki Mollway Susan Oki Mollway United States District Judge Barnett v. Thomas, Civ. No. 07-00491 SOM; ORDER REGARDING MOTION FOR RECONSIDERATION; prose attorney\Recon Orders\hmg\Barnett 0700491 SOM (dny recon no jurisdiction) 2

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