(HC) Azevedo v. Colusa County Superior Court ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALEX LEONARD AZEVEDO, No. 2:17-cv-0545 DB P 12 Petitioner, 13 v. ORDER 14 COLUSA COUNTY SUPERIOR COURT, 15 Respondent. 16 17 Petitioner has filed a motion requesting “that none of [petitioner’s] cases are argued 18 electronically.” (ECF No. 73.) This petition for writ of habeas corpus was dismissed on January 19 30, 2019 and the case was closed. (ECF No. 59.) Petitioner previously filed a notice of appeal. 20 (ECF No. 62.) 21 The filing of a notice of appeal is an event of jurisdictional significance—it confers 22 jurisdiction on the court of appeals and divests the district court of its control over those aspects 23 of the case involved in the appeal.” Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 58 24 (1982). Additionally, the filing of a notice of appeal divests a trial court of jurisdiction over the 25 matters appealed. Donovan v. Mazzola, 761 F.2d 1411, 1414 (9th Cir. 1985). “A federal district 26 court and a federal court of appeals should not attempt to assert jurisdiction over a case 27 simultaneously.” Griggs, 459 U.S. at 58. 28 //// 1 As this case is closed and the court lacks jurisdiction, documents filed by petitioner since 2 | the closing date will be disregarded and no orders will issue in response to future filings. Any 3 | further motions should be directed to the Ninth Circuit Court of Appeals. 4 | Dated: April 26, 2021 5 6 4 ORAH BARNES UNITED STATES MAGISTRATE JUDGE 8 9 10 11 DB:14 12 || DB:1/Prisoner/Habeas/R/azev0545.158 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28