Choate v. Williams

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT

5 DISTRICT OF NEVADA 6 7 STEPHEN LEE CHOATE, Case No. 2:16-cv-0813-RFB-GWF 8 Petitioner. ORDER 9 v. 10 NEVADA ATTORNEY GENERAL, et al., Respondents. 11

12 13 14 In this closed action, Petitioner Stephen Lee Choate filed an amended petition for writ of 15 habeas corpus under 28 U.S.C. § 2254 (ECF No. 97), which the Court dismissed on March 7, 2022, 16 followed by entry of judgment (ECF Nos. 171, 172). Choate has since filed five motions including 17 motions for (1) transportation (ECF No. 174); (2) judicial examination (ECF Nos. 178 and 181); 18 and (3) production of documents and a copy of the docket (ECF Nos. 180 and 182). On September 19 28, 2022, Choate filed a notice of appeal from the judgment with the Ninth Circuit Court of 20 Appeals. (ECF No. 185.) 21 “Once a notice of appeal is filed, the district court loses jurisdiction over [the] case.” United 22 States v. Sadler, 480 F.3d 932, 941 (9th Cir. 2007). Because Choate filed a notice of appeal, this 23 Court is now without jurisdiction to consider the motions. As such, the Court will deny those motions without prejudice pending the outcome of Choate’s appeal. However, as a one-time courtesy to Choate, the Court will instruct the Clerk of the Court to send Choate one copy of the docket in this action. 4 IT IS THEREFORE ORDERED that: 5 1. Choate’s motions [ECF Nos. 174, 178, 180, 181, and 182] are DENIED without 6 prejudice pending the outcome of the appeal. 7 2. Asa one-time courtesy, the Clerk of the Court is directed to send Choate a copy of the 8 docket in this action. 9 10 DATED: October 24, 2022. AS” RICHARD F. BOULWARE, II 12 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23