Durand v. Ms. Mauro

District Court, D. Nevada

Durand v. Ms. Mauro

Trial Court Opinion

2

3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

5 * * *

6 ROBERTO DURAND, Case No. 3:21-cv-00409-RCJ-WGC

7 Plaintiff, ORDER DENYING MOTIONS v. 8 (ECF Nos. 13, 14, 19, 20, 21) MAURO, 9 Defendant. 10 11 This action began with a civil-rights complaint under

28 U.S.C. § 1983

by state 12 prisoner and pro se plaintiff Roberto Durand. (ECF No. 1-1). When Durand repeatedly 13 failed to either pay the full fee for filing a civil action or properly apply to proceed in forma 14 pauperis, on November 24, 2021, the Court dismissed this case without prejudice, and 15 the Clerk of the Court entered judgment accordingly. (ECF Nos. 6, 7). Durand appealed 16 and the Ninth Circuit docketed an appellate case (No. 21-16606). (See ECF Nos. 8, 9). 17 “As a general rule, ‘the filing of a notice of appeal is an event of jurisdictional 18 significance—it confers jurisdiction on the court of appeals and divests the district court 19 of its control over those aspects of the case involved in the appeal.’” Estate of Conners 20 by Meredith v. O’Connor,

6 F.3d 656

, 658 (9th Cir. 1993), superseded on other grounds 21 by Fed. R. Civ. P. 54(d)(2)(D) (internal brackets omitted) (quoting Griggs v. Provident 22 Consumer Discount Co.,

459 U.S. 56, 58

(1982)). Although Durand’s appeal is still 23 pending, he has repeatedly filed applications to proceed in forma pauperis in this closed 24 action. (ECF Nos. 13, 14, 19, 21). Durand also filed a motion seeking to have a specific 25 magistrate judge to all his lawsuits in this District. (ECF No. 20). The Court lacks 26 jurisdiction to consider Durand’s motions. 27 28 1 Accordingly, it is hereby ordered that Durand’s applications to proceed in forma 2 || pauperis (ECF Nos. 13, 14, 19, 21) and his motion for judicial assignment (ECF No. 20) 3 || are denied for lack of jurisdiction. 4 Durand is cautioned that he must file any documents related to his appeal in his 5 || appellate case, not in this closed case. 6 DATED THIS 26th day of July, 2022. hecif— R TC. JONES 9 UNITED STATEY DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

95

Reference

Status
Unknown