Arellano v. Self

Opinion

RAUL ARELLANO, Case No.: 15-cv-2300-AJB-LL Plaintiff, ORDER DENYING PLAINTIFF RAUL v. ARELLANO’S MOTION FOR LEAVE TO FILE A MOTION FOR R. OLSON, RECONSIDERATION (Doc. No. 93) Defendant.

On September 23, 2019, the Court issued an order adopting the Magistrate Judge’s Report and Recommendation, granting Defendant R. Olson’s motion for summary judgment, and dismissing Plaintiff Raul Arellano’s (“Plaintiff”) Second Amended Complaint. (Doc. No. 82.) On October 18, 2019, Plaintiff filed a Notice of Appeal to the United States Court of Appeals for the Ninth Circuit, appealing this Court’s September 23, order. (Doc. No. 88.) On November 7, 2019, Plaintiff filed a motion for leave to file a motion for reconsideration of the Court’s September 23, 2019 order. (Doc. No. 93.) However, appearing that Plaintiff filed a Notice of Appeal of the same order Plaintiff seeks have reconsidered, the Court concludes that it lacks jurisdiction to consider □□□□□□□□□□□ motion for reconsideration. See Morris v. Morgan Stanley & Co., 942 F.2d 648, 654 (9th 1991) (stating that district courts lack jurisdiction after notice of appeal is filed). Accordingly, Plaintiff's motion for leave to file a motion for reconsideration is DENIED. IT IS SO ORDERED. }Dated: December 11, 2019 Q Hon, Anthony J.Battaglia United States District Judge