Paterson v. State of Nevada ex rel. Nevada Department of Corrections et al

Filing 156

ORDER declining to entertain or grant 153 motion construed as a request for the court to advise whether it wishes to consider plaintiff's Rule 60(b) motion. Signed by Judge Howard D. McKibben on 12/16/15. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JEFFREY S. PATERSON,

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Plaintiff,
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vs.
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PATTERSON, et al.,
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Defendants.
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_________________________________ )

3:11-cv-00845-HDM-WGC
ORDER

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Before the court is the plaintiff’s motion pursuant to Federal
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Rule of Civil Procedure 60(b) (#153).

Defendants have opposed

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(#154), and plaintiff has replied (#155).
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Plaintiff appealed this court’s orders and judgment on August
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26, 2014.

The matter remains pending before the Court of Appeals.

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The court lacks jurisdiction to consider a Rule 60(b) motion filed
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after a notice of appeal is filed and therefore cannot consider the
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instant Rule 60(b) motion.

Katzir Floor & Home Designs, Inc. v.

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M-MLS.com, 394 F.3d 1143, 1148 (9th Cir. 2004); Gould v. Mutual
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Life Ins. Co., 790 F.2d 769, 772 (9th Cir. 1986).

In order to

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properly put his Rule 60(b) motion before this court, the plaintiff
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must first “ask the district court whether it wishes to entertain

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the motion, or to grant it, and then move [the Court of Appeals],

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if appropriate, for remand of the case.”

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F.3d 567, 586 (9th Cir. 2004).

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motion as a request for the court to advise whether it wishes to

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consider plaintiff’s Rule 60(b) motion.

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advises the plaintiff it declines to entertain or grant plaintiff’s

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Rule 60(b) motion.

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Williams v. Woodford, 384

The court construes defendant’s

So construed, the court

IT IS SO ORDERED.
DATED: This 16th day of December, 2015.

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____________________________
UNITED STATES DISTRICT JUDGE

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