Mora v. Burn and Plastic Hand Clinic

Opinion

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3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE

9 10 OLIVIA MORA, CASE NO. C23-1008JLR 11 Plaintiff, ORDER v. 12 BURN AND PLASTIC HAND 13 CLINIC, et al., 14 Defendants. 15 On June 14, 2024, pro se Plaintiff Olivia Mora filed a motion for appointment of 16 counsel. (Mot. (Dkt. # 21).) This matter, however, is currently pending on appeal. (See 17 Judgment (Dkt. # 15); NOA (Dkt. # 16) (Ms. Mora’s untimely notice of appeal and 18 motion to extend time to file the same); 1/12/24 CA9 Order (Dkt. # 17) at 1 (appeal 19 docketing notice); 3/1/24 CA9 Order (Dkt. # 18) at 1 (remanding to this court for the 20 limited purpose of ruling on Ms. Mora’s pending motion for an extension of time); 3/4/24 21 Order (Dkt. # 20) at 4 (granting the motion to extend time).) See generally Mora v. Burn 22 1 & Plastic Hand Clinic et al., No. 24-0210 (9th Cir.) (appeal docket). “Once a notice of 2 appeal is filed, the district court is divested of jurisdiction over the matters being

3 appealed.” Nat. Res. Def. Council, Inc. v. Sw. Marine Inc., 242 F.3d 1163, 1166 (9th Cir. 4 2001). There are no issues pending in this court aside from the instant motion for 5 counsel, which would be better directed toward the Ninth Circuit Court of Appeals. The 6 court therefore DENIES Ms. Mora’s motion for appointment of counsel without 7 prejudice to filing the motion before the Ninth Circuit. 8 Dated this 25th day of June, 2024. A

9 JAMES L. ROBART 10 United States District Judge 11 12 13 14 15 16 17 18

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