Remenar v. Scarp

Filing 17

MINUTE ORDER by U.S. District Judge John C Coughenour. This Court no longer has the authority to hear Petitioner's Rule 60 motion. The Clerk is DIRECTED to terminate the motion (Dkt. No. 16 ).(PM) cc: plaintiff via the USPS

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THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 MARC R. REMENAR, 10 11 Petitioner, CASE NO. C15-1892-JCC MINUTE ORDER v. 12 13 14 15 The Office of DANA SCARP, Attorney Admission Clerk for the United States District Court for the District of Western Washington at Seattle, Respondent. 16 17 The following Minute Order is made by direction of the Court, the Honorable John C. 18 Coughenour, United States District Judge: 19 This matter comes before the Court on Petitioner’s motion for relief from judgment or 20 order under Fed. R. Civ. P. 60 (Dkt. No. 16). Petitioner alleges 10 grounds upon which he 21 argues this Court’s order denying a writ of mandamus should be found void. (See Dkt. No. 16 at 22 1 -10.) However, this filing follows the mandate of the Ninth Circuit Court of Appeals affirming 23 the Court’s order. Once a notice of appeal is filed, the district court loses jurisdiction. Griggs v. 24 Provident Consumer Discount Co., 459 U.S. 56, 58 (1982) (“The filing of a notice of appeal is 25 an event of jurisdictional significance—it confers jurisdiction on the court of appeals and divests 26 the district court of its control over those aspects of the case involved in the appeal.”). MINUTE ORDER PAGE - 1 1 Here, not only was a notice of appeal filed, but the Court of Appeals issued a final 2 decision. (See Dkt. No. 15.) This Court no longer has the authority to hear Petitioner’s Rule 60 3 motion. See Matter of Combined Metals Reduction Co., 557 F.2d 179, (9th Cir. 1977) (“[A]fter a 4 notice of appeal is timely filed, the district court has no power to vacate the judgment[.]”). The 5 Clerk is DIRECTED to terminate the motion (Dkt. No. 16). 6 DATED this 7th day of March 2017. 7 William M. McCool Clerk of Court 8 s/Paula McNabb Deputy Clerk 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 MINUTE ORDER PAGE - 2

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