(PC) Gonzalez v. Perez ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL HERNANDEZ GONZALEZ, Case No. 1:19-cv-1447-ADA-CDB (PC) 12 Plaintiff, ORDER DIRECTING CLERK TO 13 v. TERMINATE PLAINTIFF’S MISCELLANEOUS MOTION 14 GUARD H. PEREZ, et al., (ECF No. 195) 15 Defendants. 16 17 18 Plaintiff Michael Hernandez Gonzalez has filed a motion that the Court construes as 19 untimely objections to the findings and recommendations issued on April 14, 2022,1 or as a 20 motion for relief from or reconsideration of this Court’s final order adopting those findings and 21 recommendations and dismissing this action on June 1, 2022.2 (ECF No. 195). 22 On June 15, 2022, Plaintiff filed a notice of appeal of the Court’s final order. (ECF No. 23 191.) This action divested this Court of jurisdiction over the case, and the Court cannot consider 24 a subsequently filed motion. See Nat. Res. Def. Council, Inc. v. Sw. Marine Inc., 242 F.3d 1163, 25 1166 (9th Cir. 2001) (“Once a notice of appeal is filed, the district court [loses jurisdiction] over 26 the matters being appealed.”); Williams v. Woodford, 384 F.3d 567, 586 (9th Cir. 2002) (vacating 27 district court’s order denying Rule 60(b) motion for lack of jurisdiction, where the motion was 28 1 Plaintiff filed timely objections, which the Court considered before adopting the findings and 1 | filed after the notice of appeal and movant did not follow procedure seeking a remand for 2 | consideration of the motion). Therefore, this Court no longer has jurisdiction to consider and rule 3 | on the instant motion. 4 Accordingly, the Clerk of Court is directed to terminate Plaintiff's miscellaneous motion. 5 | (ECF No. 195.) 6 7 g | ITIS SO ORDERED. 9 Dated: _ December 14, 2022 10 UNITED fTATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28