(PC) Stafford v. Kramer ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM STAFFORD, No. 1:15-cv-00038-NONE-GSA-PC 12 Plaintiff ORDER VACATING AUGUST 17, 2021 AMENDED JUDGMENT 13 v. (Doc. No. 27) 14 NORM KRAMER, et al., ORDER AMENDING JUDGMENT 15 16 Defendants. 17 18 On June 10, 2021, the Ninth Circuit issued a memorandum decision in this matter 19 directing this court to enter an amended judgment. (Doc. No. 24.) On August 17, 2021, at the 20 direction of the assigned magistrate judge, the Clerk of the Court entered an amended judgment in 21 accordance with the Ninth Circuit’s instructions. (Doc. Nos. 26, 27.) However, the Ninth Circuit 22 had yet to issue its mandate. Therefore, this court inadvertently acted before it had jurisdiction to 23 amend the judgment. United States v. Waknine, 409 Fed. Appx. 72, 74 (9th Cir. 2010)1; see also 24 In re Ashai, No. 2:13-BK-11265-ER, 2017 WL 5495501, at *4 (C.D. Cal. Nov. 13, 2017). 25 Accordingly, the August 17, 2021 amended judgment is VACATED. 26 ///// 27 1 Citation to this unpublished Ninth Circuit opinion is appropriate pursuant to Ninth Circuit Rule 28 36-3(b). 1 The mandate issued on August 19, 2021. (Doc. No. 28.) With that in hand, the court may 2 | now act on the Ninth Circuit’s directions. 3 In accordance with the June 10, 2021 memorandum (Doc. No. 24) and mandate (Doc. No. 4 | 28) issued by the Ninth Circuit, the judgment in this matter is amended as follows: 5 (1) The state law claims in this action are DISMISSED WITHOUT PREJUDICE; and 6 (2) The judgment entered on May 12, 2017 (Doc. No. 18) based upon an order adopting 7 | (Doc. No. 17) findings and recommendations dated March 24, 2017 (Doc. No. 15), remains in 8 | effect with regard to the federal claims, which were DISMISSED WITH PREJUDICE. 9 | IT IS SO ORDERED. si am '0 Dated: _ September 1, 2021 Dak A 5 Aan 11 UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28