(PC)Perez v. Moreland

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 Lisa Marie Perez, No. 2:17-cv-00508 □□□ AC 12 Plaintiff, ORDER 13 v. Kory L. Honea, et al., 1S Defendants. 16 17 The court previously adopted the Magistrate Judge’s recommendation to grant summary 18 | judgment to defendants and close the case. See F&Rs, ECF No. 91, adopted, ECF No. 95; see 19 | also Judgment, ECF No. 96. Plaintiff is currently pursuing an appeal. See Not. Appeal, ECF 20 | No. 97. She now seeks leave to amend her complaint to change her last name from Belyew to 21 | Perez; she proposes no other amendments. See Mot., ECF No. 100. 22 The Clerk of Court is instructed to update the docket of this action to refer to plaintiff as 23 | “Lisa Marie Perez.” The court finds it has jurisdiction to grant that relief. See Brennan v. Opus 24 | Bank, 796 F.3d 1125, 1134 (9th Cir. 2015) (“Final judgment and even the filing of a notice of 25 | appeal does not divest a district court of its jurisdiction over matters ancillary to the 26 | appeal ....”). The motion for leave to amend is granted in part to that extent and otherwise 27 | denied. 28 | /////

1 IT IS SO ORDERED. 2 DATED: January 16, 2024. 3 CHIEF ED STATES DISTRICT JUDGE