(HC) Bowens v. Hill ( 2022 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 Dante Bowens, No. 2:18-cv-03213-KJM-DMC 11 Plaintiff, ORDER 12 v. Rick Hill, 4 Defendant. 15 16 Plaintiff Dante Bowens, proceeding pro set, filed a request for status on his notice of 17 | appeal and request for certificate of appealability. ECF No. 36. On September 30, 2021, this 18 | court declined to issue a certificate of appealability. ECF No. 28. On October 21, 2021, plaintiff 19 | filed a notice of appeal. ECF No. 30. Plaintiffs case is currently on appeal to the Ninth Circuit. 20 | ECF No. 31. In early November 2021, plaintiff filed an amended notice of appeal and a notice 21 | regarding that amended notice of appeal. ECF Nos. 34, 35. This court does not have jurisdiction 22 | to consider an issue on appeal once the notice of appeal is filed. Marrese v. American Academy 23 | of Orthopaedic Surgeons, 470 U.S. 373, 379 (1985) (“In general, filing of a notice of appeal 24 | confers jurisdiction on the court of appeals and divests the district court of control over those 25 | aspects of the case involved in the appeal.”). 26 This order resolves ECF No. 36. 27 IT IS SO ORDERED. / 28 DATED: January 26, 2022. CHIEF ED STATES DISTRICT JUDGE