Brodsky v. Neven et al
Filing
32
ORDER Denying without prejudice Plaintiff's 31 Motion for Emergency Injunctions. The Court directs Plaintiff to file his motion with the Ninth Circuit Court of Appeals. Signed by Judge Richard F. Boulware, II on 5/22/2015. (Copies have been distributed pursuant to the NEF - SLD)
1
2
3
4
5
6
UNITED STATES DISTRICT COURT
7
DISTRICT OF NEVADA
8
***
9
JOSHUA D. BRODSKY,
10
Plaintiff,
11
12
Case No. 2:14-cv-1064-RFB-CWH
ORDER
v.
WARDEN NEVEN et al.,
13
Defendants.
14
15
16
I.
DISCUSSION
17
On December 23, 2014, this Court entered a screening order dismissing the complaint in
18
its entirety with prejudice, as amendment would be futile, for failure to state a claim. Order 9,
19
ECF No. 24. The Clerk of the Court entered judgment that same day. ECF No. 25. On January
20
2, 2015, Plaintiff filed a notice of appeal. ECF No. 27. On May 14, 2015, the Ninth Circuit Court
21
of Appeals granted Plaintiff leave to proceed in forma pauperis on appeal. ECF No. 30. On May
22
18, 2015, Plaintiff filed a motion for emergency injunctions in this Court. ECF No. 31.
23
The Court finds that it lacks jurisdiction over Plaintiff’s motion for emergency injunctions
24
because Plaintiff has appealed this case to the Ninth Circuit Court of Appeals. See Davis v. United
25
States, 667 F.2d 822, 824 (9th Cir. 1982) (holding that “[t]he filing of a notice of appeal generally
26
divests the district court of jurisdiction over the matters appealed”). The Court denies the motion
27
for emergency injunctions, without prejudice, and directs Plaintiff to file his motion with the Ninth
28
Circuit Court of Appeals.
1
II.
CONCLUSION
2
For the foregoing reasons,
3
IT IS ORDERED that the motion for emergency injunctions, ECF No. 31, is denied,
4
without prejudice. The Court directs Plaintiff to file his motion with the Ninth Circuit Court of
5
Appeals.
6
7
DATED this 22nd day of May, 2015.
8
9
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?