Williams v. Fluaitt et al

Filing 154

ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION denying ECF No. 149 . Signed by Senior Judge Lonny R. Suko. (PH, Case Administrator)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

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CHRISTOPHER WILLIAMS,
Plaintiff,

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ORDER DENYING PLAINTIFF'S
MOTION FOR RECONSIDERATION

v.

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No. 2:12-CV-5017-JTR

JACKIE FLUAITT, et al.,
Defendants.

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BEFORE THE COURT is Plaintiff's Rule 60(b) motion for

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reconsideration.

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are represented by Candie M. Dibble and Joseph T. Edwards.

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ECF No. 149.

Plaintiff appears pro se.

Defendants

On December 23, 2013, the Court entered an order adopting the

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Magistrate Judge's report and recommendation and granting Defendants'

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motion for summary judgment, denying Plaintiff's motion for summary

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judgment, dismissing the complaint with prejudice and closing the

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file.

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No. 131.

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December 23, 2013 order and judgment to the United States Court of

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Appeals for the Ninth Circuit.

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than three months after filing the notice of appeal and more than five

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months after judgment was entered, Plaintiff moved this Court to

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reconsider the December 23, 2013 order under Rule 60(b) and set aside

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the judgment.

ECF No. 130.

Judgment was entered on December 23, 2013.

ECF

On February 14, 2014, Plaintiff appealed the Court's

ECF No. 141.

On May 27, 2014, more

ECF No. 149.

ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION - 1

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The filing of a notice of appeal “confers jurisdiction on the

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court of appeals and divests the district court of its control over

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those aspects of the case involved in the appeal.”

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Lopez, 988 F.2d 70, 72 (9th Cir. 1993); Griggs v. Provident Consumer

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Discount Co., 459 U.S. 56, 58 (1982) (“The filing of a notice of

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appeal is an event of jurisdictional significance-it confers

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jurisdiction on the court of appeals and divests the district court of

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its control over those aspects of the case involved in the appeal.”).

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When a judgment is appealed, jurisdiction over the case passes to the

U.S. v. Ortega-

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appellate court.

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1982).

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specific statutory authority.

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district court may retain jurisdiction if a party files a motion for

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relief under Rule 60 "if the motion is filed no later than 28 days

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after the judgment is entered."

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Plaintiff's Rule 60 motion does not satisfy the requirements of

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Fed.R.App.P. 4(a)(4)(vi).

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address Plaintiff's motion for reconsideration.

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Davis v. United States, 667 F.2d 822, 824 (9th Cir.

An exception to this general rule has been recognized under
Pursuant to Fed.R.App.P. 4(a)(4), the

Fed.R.App.P. 4(a)(4)(vi).

The Court thus lacks jurisdiction to

Accordingly, IT IS HEREBY ORDERED Plaintiff's Rule 60(b) motion
for reconsideration, ECF No. 149, is DENIED.
IT IS SO ORDERED.

The District Court Executive is hereby

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directed to enter this order and furnish copies to Plaintiff and

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counsel for Defendants.

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DATED this

4th

day of June, 2014.
s/Lonny R. Suko

Lonny R. Suko
Senior United States District Judge
ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION - 2