Born v. State of Idaho et al

Filing 18

MEMORANDUM DECISION AND ORDER re: 13 Request filed by Clinton P Born, II. IT IS SO ORDERED that Plaintiff's Request for an extension to amend his complaint (Dkt. 13) is DISMISSED. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (km)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
CLINTON P. BORN, II,
Case No. 1:15-cv-551-BLW
Plaintiff,

MEMORANDUM DECISION AND
ORDER

v.
STATE OF IDAHO; ADA COUNTY,
FOURTH JUDICIAL DISTRICT;
DANIEL STECKEL, Ada County
Magistrate Judge; KEVIN SWAIN, Ada
County Magistrate Judge; GREG
BOWER et. al., Ada County Prosecutor’s
Office,
Defendants.

INTRODUCTION
Pending before the Court is plaintiff’s request for an extension to amend his
complaint. Dkt. 13. Plaintiff filed this request after the Court entered judgment in this
case and after he filed a notice of appeal with the Ninth Circuit. See Dkts 8, 9. The
Court thus lacked jurisdiction to hear the request at the time it was filed. See Griggs v.
Provident Consumer Co., 459 U.S. 56, 58 (1982) (“The filing of a notice of appeal is 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.”). Ultimately, the Ninth Circuit did not have jurisdiction over the appeal because
Born’s notice of appeal was untimely. See July 25, 2016 Ninth Circuit Order, Dkt. 15.

MEMORANDUM DECISION AND ORDER - 1

Nevertheless, this does not change the fact that the Court did not have jurisdiction over
the motion when it was filed. Further, even assuming it had jurisdiction, the Court would
deny the request for an extension as Born failed to show good cause.
ORDER
It IS ORDERED that plaintiff’s Request for an extension to amend his complaint
(Dkt. 13) is DISMISSED.
DATED: November 30, 2016

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

MEMORANDUM DECISION AND ORDER - 2