Cottle et al v. Gillispie et al

Filing 78

ORDER that plaintiff's motion for reconsideration 70 is DENIED without prejudice. Signed by Judge James C. Mahan on 9/7/11. (Copies have been distributed pursuant to the NEF - ECS)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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SEAN COTTLE, et al.,

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Plaintiff,

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vs.

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DOUG GILLESPIE, et al.,

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Case No. 2:10-CV-00271-JCM-(PAL)

Defendants.

ORDER

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Presently before the court is pro se plaintiff Sean Cottle's motion to reconsider this court's

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order granting in part and denying in part defendants' motions to dismiss. (Doc. #70). Defendants

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Douglas Gillespie, Clark County Detention Center and Las Vegas Metropolitan Police Department

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have responded (doc. #74) and plaintiff has replied (doc. 75).

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This court entered its order (doc. #69) on July 6, 2011. On July 18, 2011, plaintiff filed the

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instant motion to reconsider the July 6, 2011, order. On July 25, 2011, prior to this court’s ruling on

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the motion to reconsider, plaintiff filed a notice of appeal, seeking review of the July 6, 2011, order

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by the Ninth Circuit Court of Appeals.

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Plaintiff's appeal has divested this court of jurisdiction to reconsider the July 6, 2011, order.

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See Mayweathers v. Newland, 258 F.3d 930, 935 (9th Cir. 2001) (once a notice of appeal is filed

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“jurisdiction over the matter being appealed normally transfers from the district court to the appeals

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court.”); see also Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 58 (1982) (per curiam)

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(“The filing of a notice of appeal . . . confers jurisdiction on the court of appeals and divests the

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district court of its control over those aspects of the case involved in the appeal.”).

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Accordingly, it is hereby ORDERED, ADJUDGED, AND DECREED, that plaintiff's

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motion for reconsideration (doc. #70) be, and the same hereby is, DENIED without prejudice.

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DATED September 7, 2011.

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_________________________________
JAMES C. MAHAN
United States District Judge

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