Khan v. SAP Labs, LLC ( 2023 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 MUHAMMAD KHAN, Case No. 18-cv-07490-BLF 9 Plaintiff, ORDER ADVISING THAT COURT 10 v. LACKS JURISDICTION TO CONSIDER PLAINTIFF’S MOTION 11 SAP LABS, LLC, FOR EXTENSION OF TIME TO FILE APPEAL; AND TERMINATING 12 Defendant. MOTION 13 [Re: ECF 197] 14 15 16 This Court entered judgment for Defendants and against Plaintiff on August 30, 2022, and 17 denied Plaintiff’s motion to alter or amend judgment on March 6, 2023. See Jud., ECF 179; 18 Order, ECF 190. Plaintiff filed a notice of appeal on April 19, 2023, acknowledging that the 19 notice of appeal was “delayed” but requesting that it be considered on several grounds, including 20 an asserted delay in receiving the order denying his motion to alter or amend judgment, medical 21 issues, and the fact that the jail typewriter was broken. See Not. of Appeal, ECF 191. 22 On June 2, 2023, the United States Court of Appeals for the Ninth Circuit dismissed 23 Plaintiff’s appeal for lack of jurisdiction on the ground that the appeal was untimely. See USCA 24 Order, ECF 194. The Ninth Circuit stated that the 30-day deadline for appeal is jurisdictional and 25 that courts lack authority to create equitable exceptions. See id. The Ninth Circuit’s mandate 26 issued on June 26, 2023. See Mandate, ECF 196. 27 On June 30, 2023, Plaintiff filed a motion before this Court seeking an extension of time to 1 the requested relief. The rule of mandate doctrine prohibits a lower court from taking any action 2 that contradicts the mandate of an appellate court. See Hall v. City of Los Angeles, 697 F.3d 1059, 3 1067 (9th Cir. 2012) (“A district court that has received the mandate of an appellate court cannot 4 || vary or examine that mandate for any purpose other than executing it.”). Accordingly, this Court 5 || cannot take any action contradicting the Ninth Circuit’s mandate giving effect to its June 2, 2023 6 || judgment dismissing Plaintiffs appeal as untimely. 7 Plaintiff's motion for an extension of time to appeal is TERMINATED. 8 IT IS SO ORDERED. 9 10 Dated: July 6, 2023 BETH LABSON FREEMAN %L United States District Judge 15 16 = 17 Z 18 19 20 21 22 23 24 25 26 27 28