Little v. Haynes

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE NICHOLAS STERLING LITTLE, Petitioner, C20-1071 TSZ v. RONALD HAYNES, Respondent. The following Minute Order is made by direction of the Court, the Honorable Thomas S. Zilly, United States District Judge: (1) Petitioner Nicholas Little’s motion for an extension, docket no. 89, to file amended objections to Judge Peterson’s Report and Recommendation (“R&R”), docket no. 59, and an amended motion for a certificate of appealability is STRICKEN as moot. Petitioner prematurely filed a notice of appeal on July 20, 2021, see docket no. 85, and final judgment was entered two days later, on July 22, 2021, see docket no. 87. The Court now lacks jurisdiction to rule on the pending motion, docket no. 89, or to reconsider its adoption of the R&R and its related rulings. See Griggs v. Provident Consumer Disc. Co., 459 U.S. 56, 58 (1982) (“The filing of a notice of appeal is an event of jurisdictional significance—it confers jurisdiction on the court of appeals and divests the district court of its control over those aspects of the case involved in the appeal.”). (2) The Clerk is directed to send a copy of this Minute Order to Petitioner, proceeding pro se, and all counsel of record. Dated this 26th day of July, 2021. Ravi Subramanian Clerk s/Gail Glass Deputy Clerk