Almy v. Davis et al

Filing 506

ORDER that Plaintiff's 504 Motion to Amend 9 Screening Order is Denied without prejudice. Signed by Judge Howard D. McKibben on 11/18/2015. (Copies have been distributed pursuant to the NEF - SLD)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 12 13 14 15 16 ) ) ) Plaintiff, ) ) vs. ) ) D. DAVIS, et al., ) ) Defendants. _________________________________ ) KEVIN ALMY, 2:12-cv-00129-HDM-VCF ORDER 17 This matter is currently on appeal. The court thus lacks 18 jurisdiction to consider plaintiff’s motion to amend screening 19 order (#504). United Nat. Ins. Co. v. R&D Latex Corp., 242 F.3d 20 1102, 1109 (9th Cir. 2001) (“Once a notice of appeal takes effect, 21 the district court loses jurisdiction over the matter placed before 22 the appellate court.”). Plaintiff’s motion (#504) is therefore 23 DENIED WITHOUT PREJUDICE. 24 IT IS SO ORDERED. 25 DATED: This 18th day of November, 2015. 26 27 28 ____________________________ UNITED STATES DISTRICT JUDGE 1

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