Spears v. State of Washington

Opinion

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5 6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT TACOMA 9 10 MARCUS ISAIAH SPEARS, CASE NO. 3:22-cv-05898-LK 11 Petitioner, ORDER REGARDING 12 v. PLAINTIFF’S FILINGS 13 MELISSA ANDREWJESKI, 14 Respondent. 15

16 This matter comes before the Court on pro se Petitioner Marcus Isaiah Spears’ “Objection 17 of Denial to Commence Criminal Proceedings” and supporting affidavit. Dkt. Nos. 55, 56. Before 18 he filed this objection (which, construed liberally, could be considered to be a motion for 19 reconsideration), he filed a notice of appeal. Dkt. No. 54. 20 Because a notice of appeal generally “confers jurisdiction on the court of appeals and 21 divests the district court of its control over those aspects of the case involved in the appeal,” Griggs 22 v. Provident Consumer Discount Co., 459 U.S. 56, 58 (1982) (per curiam), and Mr. Spears’ 23 submission concerns the same issues that are the subject of his appeal, the Court will not entertain 24 1 his submission. The Court accordingly STRIKES docket numbers 55 and 56 and cautions Mr. 2 Spears that it will summarily strike future inappropriate filings. See LCR 11(c). 3 4 Dated this 17th day of November, 2023.

5 A 6 Lauren King United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23