Hines v. Dzurenda

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Tony Hines, Case No.: 2:18-cv-02373-JAD-NJK 4 Plaintiff

5 v. Order Denying Motions

6 Darren Spiece, [ECF Nos. 76, 78]

7 Defendant

8 Pro se plaintiff Tony Hines moves for reconsideration of this court’s order granting 9 summary judgment to defendant Darren Spiece on Hines’s civil-rights claims—an order he has 10 already appealed.1 Federal “district court[s] lack[] jurisdiction to entertain [a Federal Rule of 11 Civil Procedure (FRCP)] 60(b) motion [that] was filed after [a] notice of appeal” because such a 12 notice “strip[s] the district court of its jurisdiction.”2 Under FRCP 62.1, if a court is presented 13 with “a request for relief that it lacks authority to grant because of an appeal that has been 14 docketed and is pending, the court may . . . deny the motion” on that basis,3 and I do. 15 Hines also moves for “certification of question(s) of fact(s)” under Federal Rule of 16 Appellate Procedure (FRAP) 44.4 But district courts are governed by the FRCP, not the FRAP, 17 so FRAP 44 cannot be applied to his case in this court.5 Although FRAP 44 has a counterpart in 18 FRCP 5.1, both rules concern federal courts’ duty to inform the Attorney General of the United 19 20 1 ECF No. 76 (motion for reconsideration); ECF No. 69 (summary-judgment order); ECF No. 71 21 (notice of appeal). 2 Katzir’s Floor & Home Design, Inc. v. M-MLS.com, 394 F.3d 1143, 1148 (9th Cir. 2004). 22 3 Fed. R. Civ. P. 62.1. 23 4 ECF No. 78 (citing Fed. R. App. P. 44). 5 Compare Fed. R. Civ. P. 1 with Fed. R. App. P. 1. 1} States or the attorney general of a state when a case questions the constitutionality of a federal or 2|| state statute, respectively—not questions of fact in a case.° So neither FRAP 44 nor FRCP 5.1 3|| provides a vehicle for the result Hines seeks. Accordingly, 4 IT IS ORDERED that Hines’s motions [ECF Nos. 76, 78] are DENIED. 5 : US. District Kudg¢ Jennifi Dorsey 7 August 9, 2022 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 ® Compare Fed. R. Civ. P. 5.1 with Fed. R. App. P. 44.