Whitaker v. State of Washington

Opinion

THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON 9 RICHARD WHITAKER, CASE NO. C19-1167-JCC 10 Petitioner, MINUTE ORDER 11 v. 13 Respondent. 14

15 The following Minute Order is made by direction of the Court, the Honorable John C. 16 Coughenour, United States District Judge: 17 This matter comes before the Court pursuant to Petitioner’s motion to accept his belated 18 motion to reconsider (Dkt. Nos. 24, 25). Petitioner filed the instant motion on May 22, 2020. 19 (See Dkt. No. 24.) But on April 28, 2020, Petitioner filed a notice of appeal to the Ninth Circuit 20 Court of Appeals. (Dkt. No. 20.) Because this case is on appeal, the Court no longer has 21 jurisdiction over the case. See Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 58 22 (1982) (“The filing of a notice of appeal is an event of jurisdictional significance—it confers 23 jurisdiction on the court of appeals and divests the district court of its control over those aspects 24 of the case involved in the appeal.”). The Clerk is respectfully directed to terminate Petitioner’s 25 pending motions, Docket Numbers 21, 24, and 25. 26 // 1 DATED this 24th day of August 2020. 2 William M. McCool Clerk of Court 3 s/Tomas Hernandez 4 Deputy Clerk 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26