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Cluck v. Lehman

United States District Court, W.D. Washington, at Tacoma
May 4, 2007
Case No. C02-5498RBL (W.D. Wash. May. 4, 2007)

Opinion

Case No. C02-5498RBL.

May 4, 2007


ORDER


THIS MATTER comes on before the above-entitled Court upon Plaintiff's Motion for Hearing [Dkt. #53] and Motion to Proceed In Forma Pauperis [Dkt. #55], and Motion to Proceed In Forma Pauperis on Appeal [Dkt. #58].

The Court notes that plaintiff was previously granted in forma pauperis status [Dkt. #6].

Having considered the entirety of the records and file herein, the Court finds and rules as follows:

Plaintiff has filed a Notice of Appeal [Dkt. #58]. "The filing of a notice of appeal `confers jurisdiction on the court of appeals and divests the district court of its control over those aspects of the case involved in the appeal.'" United States v. Ortega-Lopez, 988 F.2d 70, 72 (9th Cir. 1992), quoting Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 58 (1982). The Clerk is therefore directed to strike docket numbers 53 and 55. The Court DENIES plaintiff's Motion to Proceed In Forma Pauperis on appeal pursuant to Fed.R.App.P. 24(a)(3)(A) because this appeal is not taken in good faith. Plaintiff is attempting to appeal a judgment entered on September 6, 2003 9Dkt. #44] which is beyond the 30-day time limitation contained in Fed.R.App.P. 4.

IT IS SO ORDERED.

The Clerk shall send uncertified copies of this order to all counsel of record, to any party appearing pro se, and to the Ninth Circuit Court of Appeals.


Summaries of

Cluck v. Lehman

United States District Court, W.D. Washington, at Tacoma
May 4, 2007
Case No. C02-5498RBL (W.D. Wash. May. 4, 2007)
Case details for

Cluck v. Lehman

Case Details

Full title:MARY L. CLUCK, Plaintiff, v. JOSEPH LEHMAN, et al, Defendants

Court:United States District Court, W.D. Washington, at Tacoma

Date published: May 4, 2007

Citations

Case No. C02-5498RBL (W.D. Wash. May. 4, 2007)