(PS) Sanai v. Cobrae ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 | Cyrus Sanai, No. 2:22-cev-00528-KJM-CKD 12 Plaintiff, ORDER 13 v. Darren Cobrae, 1S Defendant. 16 17 Plaintiff Sanai moves the court for what he describes as an “indicative order” in 18 | accordance with Federal Rule of Civil Procedure 60(b). Mot., ECF No. 54. The court denies the 19 | motion for lack of jurisdiction. 20 On April 20, 2023, this court adopted in full the magistrate judge’s findings and 21 | recommendations and dismissed the complaint without prejudice and without leave to amend for 22 | lack of subject matter jurisdiction. Prior Order (Apr. 20, 2023), ECF No. 41. The Clerk of Court 23 | entered judgment in accordance with the court’s order. Judgment, ECF No. 42. Plaintiff then 24 | moved to alter or amend the judgment of dismissal under Rule 59(e) and for relief from that 25 | judgment under Rule 60(b), which the court denied. See Prior Order (July 21, 2023), ECF 26 | No. 47. Plaintiff then filed a notice of appeal, appealing the court’s prior orders dismissing the 27 | complaint, denying the motions under Rule 59(e) and 60(b) and denying the motion for an 1 | extension of time to file a notice of appeal, and the judgment of dismissal. See Notice of Appeal, 2 | ECF No. 50. 3 “Once a notice of appeal is filed, the district court is divested of jurisdiction over the 4 | matters being appealed.” Nat. Res. Def. Council, Inc. v. Sw. Marine Inc., 242 F.3d 1163, 1166 5 | (9th Cir. 2001). Although the court “retains jurisdiction during the pendency of an appeal to act 6 | to preserve the status quo,” id., the court does not have jurisdiction to “adjudicate anew the merits 7 | of the case after either party has invoked its right of appeal and jurisdiction has passed to an 8 | appellate court,” McClatchy Newspapers v. Cent. Valley Typographical Union No. 46, 9 | 686 F.2d 731, 734 (9th Cir. 1982). 10 Plaintiff moves for an “indicative order for relief” from the court’s prior order dismissing 11 | the complaint and the judgment of dismissal. Mot. at 2. Because plaintiff has filed a notice of 12 | appeal prior to filing the instant motion, this court lacks jurisdiction; the motion is denied. 13 This order resolves ECF No. 54. 14 IT IS SO ORDERED. 15 | DATED: January 5, 2024. 16 eee CHIEF ED STATES DISTRICT JUDGE 45