Remenar v. Scarp
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
THE HONORABLE JOHN C. COUGHENOUR
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
MARC R. REMENAR,
CASE NO. C15-1892-JCC
The Office of DANA SCARP, Attorney
Admission Clerk for the United States
District Court for the District of Western
Washington at Seattle,
The following Minute Order is made by direction of the Court, the Honorable John C.
18 Coughenour, United States District Judge:
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.”).
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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).
DATED this 7th day of March 2017.
William M. McCool
Clerk of Court
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