(PC) Gonzalez v. Perez

Opinion

MICHAEL HERNANDEZ GONZALEZ, Case No. 1:19-cv-1447-ADA-CDB (PC)

Plaintiff, ORDER DIRECTING CLERK TO v. TERMINATE PLAINTIFF’S MISCELLANEOUS MOTION GUARD H. PEREZ, et al., (ECF No. 195) Defendants. Plaintiff Michael Hernandez Gonzalez has filed a motion that the Court construes as untimely objections to the findings and recommendations issued on April 14, 2022,1 or as a motion for relief from or reconsideration of this Court’s final order adopting those findings and recommendations and dismissing this action on June 1, 2022.2 (ECF No. 195). On June 15, 2022, Plaintiff filed a notice of appeal of the Court’s final order. (ECF No. 191.) This action divested this Court of jurisdiction over the case, and the Court cannot consider a subsequently filed motion. See Nat. Res. Def. Council, Inc. v. Sw. Marine Inc., 242 F.3d 1163, 1166 (9th Cir. 2001) (“Once a notice of appeal is filed, the district court [loses jurisdiction] over the matters being appealed.”); Williams v. Woodford, 384 F.3d 567, 586 (9th Cir. 2002) (vacating district court’s order denying Rule 60(b) motion for lack of jurisdiction, where the motion was

1 Plaintiff filed timely objections, which the Court considered before adopting the findings and filed after the notice of appeal and movant did not follow procedure seeking a remand for consideration of the motion). Therefore, this Court no longer has jurisdiction to consider and rule on the instant motion. Accordingly, the Clerk of Court is directed to terminate Plaintiff's miscellaneous motion. (ECF No. 195.) g | ITIS SO ORDERED. Dated: _ December 14, 2022 UNITED fTATES DISTRICT JUDGE