Wheeler v. Attorney General's Office et al

Filing 26

ORDER terminating 22 Motion to Appoint Counsel signed by Magistrate Judge J Richard Creatura.(MET) cc: plaintiff

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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RODNEY CARL WHEELER,
Plaintiff,

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ORDER

v.

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CASE NO. C11-5311-RBL-JRC

ATTORNEY GENERAL'S OFFICE.
Defendant.

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This 42 U.S.C. §1983 civil rights matter has been referred to the undersigned

17 Magistrate Judge pursuant to 28 U.S.C. §§ 636 (b)(1)(A) and (B) and Local Magistrate
18 Judge Rules MJR 1, MJR 3, and MJR 4. Plaintiff has filed a motion for appointment of
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counsel while his case is on appeal (ECF No. 22).
The filing of a notice of appeal generally divests the District Court of Jurisdiction.
City of Los Angeles, Harbor Div. v. Santa Monica Baykeeper, 254 F.3d 882 (9th Cir.

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2001). The motion will not be considered. If the action survives appeal, plaintiff may
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ORDER - 1

1 renew his motion. The Clerk’s Office is directed to remove the motion, (ECF No. 22),
2 from the court’s calendar.
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Dated this 13th day of October, 2011.

A

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J. Richard Creatura
United States Magistrate Judge

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ORDER - 2