Mir v. Brown et al

Filing 51

ORDER dismissing 48 Motion for Extension of Time to File. Signed by Chief District Judge Julie A. Robinson on 1/29/2020. Mailed to pro se party Jehan Zeb Mir by regular mail. (hw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
JEHAN ZEB MIR,
Plaintiff,
Case No. 15-9097-JAR-JPO

v.
JAY BROWN, et al.,
Defendants.

ORDER
Plaintiff Zehan Zeb Mir, proceeding pro se, filed this case against Defendants seeking
monetary damages for multiple alleged violations of federal and California state law. On August
19, 2019, this Court entered its Memorandum and Order dismissing Plaintiff’s case; Judgment
was entered the same day.1 The Court denied Plaintiff’s subsequent Motion to Alter Judgment
on September 30, 2019.2 Plaintiff filed a Notice of Appeal with the Tenth Circuit Court of
Appeals on October 8, 2019.3
This matter is presently before the Court on Plaintiff’s Motion for Extension of Time to
File Notice of Appeal (Doc. 48). However, this Court lost jurisdiction over this case when
Plaintiff filed his notice of appeal on October 8, 2019.4 As Defendants point out in their
response in opposition, Plaintiff’s motion is made in the wake of Defendants’ motion to dismiss

1

Docs. 38, 39.

2

Doc. 43.

3

Doc. 44.

4

See McKissick v. Yuen, 618 F.3d 1177, 1196 (10th Cir. 2010) (“[T]he general rule is that, when a litigant
files a notice of appeal, the district court loses jurisdiction over the case, save for ‘collateral matters not involved in
the appeal.’”) (quoting Lancaster v. Indep. Sch. Dist. No. 5, 149 F.3d 1228, 1237 (10th Cir. 1998)).

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his appeal as untimely currently pending before the Tenth Circuit.5 Plaintiff’s request for an
extension of time to file his notice of appeal is not a collateral matter but instead is directly
related to the issues pending on appeal. Accordingly, the Court dismisses Plaintiff’s motion for
lack of jurisdiction.
IT IS SO ORDERED.
Dated: January 29, 2020
S/ Julie A. Robinson
JULIE A. ROBINSON
CHIEF UNITED STATES DISTRICT JUDGE

5
Motion to Dismiss, Mir v. Brown, No. 19-3232 (10th Cir. Dec. 17, 2019). Plaintiff’s response is due
February 3, 2020.

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