Fuller v. Bennett

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON JESSE THOMAS FULLER, CASE NO. 2:24-cv-00983-TL-TLF Petitioner, ORDER v. JASON BENNETT, Superintendent, Stafford Creek Corrections Center, Respondent.

This matter is before the Court on Petitioner’s Motions for Relief from Judgment. Dkt. Nos. 28, 29. On September 20, 2024, Petitioner filed a notice of appeal with the Ninth Circuit, appealing the judgment. Dkt. No. 9. As this Court has previously explained, “[o]nce a notice of appeal is filed, the district court is divested of jurisdiction over the matters being appealed.” Dkt. No. 21 at 1 (quoting Nat. Res. Def. Council, Inc. v. Sw. Marine Inc., 242 F.3d 1163, 1166 (9th Cir. 2001)). “The Court retains only limited jurisdiction to maintain the status quo pending the appeal.” Id. at 2 (citing Nat. Res. Def. Council, 242 F.3d at 1166). As with Petitioner’s prior motions for relief from judgment (Dkt. Nos. 10, 16) that were stricken (Dkt. No. 21 at 2), the relief Plaintiff seeks through his new motions is also the subject of his appeal and is beyond the Court’s limited jurisdiction to maintain the status quo. Accordingly, Petitioner’s motions (Dkt. Nos. 28, 29) are STRICKEN, as the Court does not have jurisdiction to rule on the motions. Any additional such fillings will not be entertained by

the Court. Dated this 2nd day of January 2025. A Tana Lin United States District Judge