United States v. United States District Court

875 F.3d 1177

Opinion

ORDER

Before the court is the government’s emergency motion for a stay of our order of November 16, 2017, which denied the government’s petition for a writ of mandamus and lifted a temporary stay that we had previously imposed. As the order denying mandamus relief was effective immediately upon its issuance, see Ellis v. U.S. Dist. Court, 360 F.3d 1022, 1023 (9th Cir. 2004) (en banc), jurisdiction now lies with the district court, and not with this court. Compare Daimler-Benz Aktiengesellschaft v. U.S: Dist. Court, 805 F.2d 340, 341-42 (10th Cir. 1986) (ordering a stay of district court proceedings before any order denying or granting mandamus had issued). If the government seeks further relief from this court, it must do so in a new petition for mandamus. The government’s emergency motion for a stay is therefore DISMISSED.

IT IS SO ORDERED.