Grundy v. Skolnick et al

Filing 134

ORDER Denying as Moot 130 Motion to Vacate; and Denying as Moot 131 Motion for Hearing. Signed by Chief Judge Roger L. Hunt on 5/3/11. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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RICKY LEE GRUNDY,

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Plaintiff,
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vs.
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HOWARD SKOLNICK, et al.,
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Defendants.
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_______________________________________)

Case No.: 2:07-cv-00694-RLH-LRL
ORDER
(Motion to Vacate–#130;
Motion for Hearing–#131)

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Before the Court is Plaintiff Ricky Lee Grundy’s Motion to Vacate (#130, filed

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April 28, 2011). Also before the Court is Grundy’s Motion for Hearing (#131, filed April 28,

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2011). The Court need not wait for Defendants to respond to either motion.

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Grundy asks the Court to vacate its Order (#128, March, 31, 2011), and to order a

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hearing on Defendants Motion for Summary Judgment (#108, Dec. 2, 2010). Nonetheless, days

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after filing this motion, Grundy appealed the same order that he asks this Court to vacate. This

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appeal divests this Court of jurisdiction over these motions. The Ninth Circuit Court of Appeals

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will now determine the propriety of the Court’s order and the Court dismisses both of Grundy’s

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motions as moot.

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/

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/

AO 72
(Rev. 8/82)

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CONCLUSION

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Accordingly, and for good cause appearing,

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IT IS HEREBY ORDERED that Plaintiff’s Motion to Vacate (#130) is DENIED as

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moot.
IT IS FURTHER ORDERED that Plaintiff’s Motion for Hearing (#131) is
DENIED as moot.
Dated: May 3, 2011.

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____________________________________
ROGER L. HUNT
Chief United States District Judge

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AO 72
(Rev. 8/82)

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