(HC) Kelley v. Brewer ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT FOR THE 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 TROY X. KELLEY, Case No.: 2:22-cv-01777 DJC CKD (HC) 14 Plaintiff, 15 v. ORDER 16 DAVID BREWER, 17 Defendant. 18 19 Plaintiff has filed a Motion for Reconsideration of the Court’s May 15, 2023 20 Order. (ECF No. 19.) However, Plaintiff also previously filed a notice of appeal of this 21 order (ECF No. 18.) The Ninth Circuit has confirmed receipt of this appeal (ECF No. 22 20). As such, this Court no longer has jurisdiction over this matter as a notice of 23 appeal regarding this matter has been filed. Natural Res. Def. Council, Inc. v. 24 Southwest Marine Inc., 242 F.3d 1163, 1166 (9th Cir. 2001) (“Once a notice of appeal 25 is filed, the district court is divested of jurisdiction over the matters being appealed.”) 26 /// 27 /// 28 /// 1 Accordingly, Plaintiff’s Motion for Reconsideration (ECF No. 19) is DENIED. 2 IT IS SO ORDERED. 3 4 Dated: June 2, 2023 /s/ Daniel J. Calabretta 5 THE HONORABLE DANIEL J. CALABRETTA 6 UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28