Anoruo v. Shinseki
Filing
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ORDER Denying 145 Plaintiff's Motion to Reopen Case. IT IS FURTHER ORDERED that 146 Plaintiff's Motion to Merge is DENIED. Signed by Judge James C. Mahan on 8/28/2014. (Copies have been distributed pursuant to the NEF - EDS)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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JOSEPH CHIDI ANORUO,
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Plaintiff(s),
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Case No. 2:12-CV-1190 JCM (GWF)
ORDER
v.
ROBERT A. MCDONALD,
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Defendant(s).
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Presently before the court is pro se plaintiff Joseph Chidi Anoruo’s (hereinafter
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“plaintiff”) motion to reopen case. (Doc. # 145). Defendant Robert A. McDonald (hereinafter
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“defendant”) filed a response, (doc. # 147), to which plaintiff replied, (doc. # 151).
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Also before the court is plaintiff’s motion to merge. (Doc. # 146). Defendant filed a
response, (doc. # 148), to which plaintiff replied, (doc. # 151).
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When a judgment is appealed, jurisdiction over the case passes to the appellate court.
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The filing of a notice of appeal generally divests the district court of jurisdiction over the matters
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appealed. McClatchy Newspapers v. Cent. Valley Typographical Union No. 46, 686 F.2d 731,
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734 (9th Cir. 1982).
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On July 18, 2014, plaintiff filed a notice of appeal. (Doc. # 147-1). Accordingly, this
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court now lacks jurisdiction over the case. Therefore, the court will deny the instant motions for
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lack of jurisdiction.
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For the foregoing reasons,
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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiff’s motion to
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reopen case, (doc. # 145), be, and the same hereby is, DENIED.
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...
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James C. Mahan
U.S. District Judge
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IT IS FURTHER ORDERED that plaintiff’s motion to merge, (doc. # 146), be, and the
same hereby is, DENIED.
DATED August 28, 2014.
__________________________________________
UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge
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