(PC) Gipbsin v. Kernan ( 2021 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 CLARENCE A. GIPBSIN, No. 2:12-cv-0556 KJM DB P 11 Plaintiff, 12 v. ORDER 13 SCOTT KERNAN, et al., 14 Defendants. 15 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action. Defendants’ 17 summary judgment motion was granted, and judgment was entered on March 24, 2021. (ECF 18 Nos. 299, 300.) Presently before the court is plaintiff’s motion for the appointment of counsel 19 filed concurrently with a notice of appeal. (ECF No. 303.) 20 “The filing of a notice of appeal is an event of jurisdictional significance—it confers 21 jurisdiction on the court of appeals and divests the district court of its control over those aspects 22 of the case involved in the appeal.” Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 58 23 (1982). Additionally, the filing of a notice of appeal divests a trial court of jurisdiction over the 24 matters appealed. Donovan v. Mazzola, 761 F.2d 1411, 1414 (9th Cir. 1985). Plaintiff indicates 25 that he is appealing both the grant of summary judgment and the denials of his requests for the 26 appointment of counsel. (ECF No. 301 at 1.) Because “a federal district court and a federal court 27 of appeals should not attempt to assert jurisdiction over a case simultaneously,” Griggs, 459 U.S. 28 //// 1 | at 58, the court will dismiss the motion to appoint counsel for lack of jurisdiction. Any renewed 2 | motion for the appointment of counsel should be directed to the Ninth Circuit Court of Appeals. 3 Accordingly, IT IS HEREBY ORDERED that plaintiff's motion to appoint counsel (ECF 4 | No. 303) is dismissed for lack of jurisdiction. 5 | Dated: April 7, 2021 g ORAH BARNES UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 | ppt DB: 1/Orders/Prisoner/Civil Rights/gipb0556.3 1 (appeal) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28