Choate v. Williams et al

Filing 187

ORDER.Choate's motions [ECF Nos. 174 , 178 , 180 , 181 , and 182 ] are DENIED without prejudice pending the outcome of the appeal. As a one-time courtesy, the Clerk of the Court is directed to send Choate a copy of the docket in this action. Signed by Judge Richard F. Boulware, II on 10/24/2022. (Docket Mailed to Choate - Copies have been distributed pursuant to the NEF - KF)

Case 2:16-cv-00813-RFB-GWF Document 187 Filed 10/24/22 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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STEPHEN LEE CHOATE,

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Case No. 2:16-cv-0813-RFB-GWF
ORDER

Petitioner.
v.

10 NEVADA ATTORNEY GENERAL, et al.,
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Respondents.

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In this closed action, Petitioner Stephen Lee Choate filed an amended petition for writ of

15 habeas corpus under 28 U.S.C. § 2254 (ECF No. 97), which the Court dismissed on March 7, 2022,
16 followed by entry of judgment (ECF Nos. 171, 172). Choate has since filed five motions including
17 motions for (1) transportation (ECF No. 174); (2) judicial examination (ECF Nos. 178 and 181);
18 and (3) production of documents and a copy of the docket (ECF Nos. 180 and 182). On September
19 28, 2022, Choate filed a notice of appeal from the judgment with the Ninth Circuit Court of
20 Appeals. (ECF No. 185.)
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“Once a notice of appeal is filed, the district court loses jurisdiction over [the] case.” United

22 States v. Sadler, 480 F.3d 932, 941 (9th Cir. 2007). Because Choate filed a notice of appeal, this
23 Court is now without jurisdiction to consider the motions. As such, the Court will deny those

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Case 2:16-cv-00813-RFB-GWF Document 187 Filed 10/24/22 Page 2 of 2

1 motions without prejudice pending the outcome of Choate’s appeal. However, as a one-time
2 courtesy to Choate, the Court will instruct the Clerk of the Court to send Choate one copy of the
3 docket in this action.
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IT IS THEREFORE ORDERED that:

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1. Choate’s motions [ECF Nos. 174, 178, 180, 181, and 182] are DENIED without

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prejudice pending the outcome of the appeal.
2. As a one-time courtesy, the Clerk of the Court is directed to send Choate a copy of the
docket in this action.

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DATED: October 24, 2022.

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_______________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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