(PC)Calderon v. Allison ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 Juan Carlos Calderon, No. 2:21-cv-01896-KJM-CKD 12 Plaintiff, ORDER 13 Vv. 14 K. Allison, et al., 1S Defendants. 16 17 On August 28, 2023, this court dismissed plaintiff Juan Carlos Calderon’s fourth amended 18 | complaint without leave to amend for failure to comply with a court order. Prior Order (Aug. 28, 19 | 2023), ECF No. 36. The court directed the Clerk of Court to close the case. /d. Plaintiff then 20 | filed a letter asking the court to “stop ongoing corruption with abuse of power/authority.” Letter, 21 | ECF No. 38. The court construed the letter as a motion to reconsider and denied the motion. 22 | Prior Order (Aug. 31, 2023), ECF No. 39. An appeal of the court’s order dismissing the action 1s 23 | pending before the Ninth Circuit. See Notice of Appeal, ECF Nos. 40, 41. 24 Plaintiff has now filed four separate motions: “Motion for Injunctive Equitable Relief,” 25 | ECF No. 47, a second “Motion for Injunctive Equitable Relief,” ECF No. 48, 26 | “Motion/Petition/Personal Legal Pleading for Justice,” ECF No. 49, and “New Motion for 27 | Equitable Injunctive Relief,’ ECF No. 50. Plaintiff has filed one or more of the same motions in 28 | several other cases in this district. See, e.g., Calderon v. Bonta, No. 23-212 (E.D. Cal.), Calderon 1 | v. Bonta, 23-1064 (E.D. Cal.), Calderon v. Bonta, 23-1065 (E.D. Cal.). The filings largely repeat 2 | the allegations in plaintiff's fourth amended complaint, which the court dismissed. 3 “The filing of a notice of appeal is an event of jurisdictional significance—it confers 4 | jurisdiction on the court of appeals and divests the district court of its control over those aspects 5 | of the case involved in the appeal.” Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 58 6 | (1982). The court lacks jurisdiction over plaintiff's motions because plaintiff filed a notice 7 | appealing this court’s dismissal of the case. Accordingly, the motions are denied. Plaintiff is 8 | cautioned that any future filings made before the Ninth Circuit issues its decision may be 9 | disregarded. 10 This order resolves ECF Nos. 47, 48, 49 and 50. 1] IT IS SO ORDERED. 12 DATED: November 14, 2023. 13 allt CHIEF ED STATES DISTRICT JUDGE 45