Hosmer v. Laxalt et al

Filing 18

ORDER denying Plaintiff's ECF No. 17 Motion for an Emergency Investigation. Signed by Judge Miranda M. Du on 5/17/2017. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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***
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JEFFREY HOSMER,

Case No. 3:17-cv-00064-MMD-VPC

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Plaintiff,
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ORDER

v.
ADAM PAUL LAXALT, et al.,
Defendants.

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Plaintiff has appealed the Court’s Order dismissing this action. (ECF No. 13.)

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There is a general rule that an appeal suspends the power of the court below to proceed

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further in the case, except to take such steps as will assist the appellate court in its

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determination. Hovey v. McDonald, 109 U.S. 150, 157 (1883); United States v. Lafko, 520

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F.2d 622, 627 (3rd Cir. 1975). The Court lacks jurisdiction to address Plaintiff’s emergency

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motion for investigation (ECF No. 17). Plaintiff’s motion (ECF No. 17) is therefore denied.

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DATED THIS 17th day of May 2017.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE