Opinion
Case No: C 10-4725 SBA
03-05-2013
IN RE GRACE MARIE MILES, aka JANE DOE, aka MARIE MILES, aka GRACE M. MILES, Debtor.
ORDER DENYING MOTION FOR
RECONSIDERATION
Docket 30
On March 30, 2012, the Court dismissed the Debtor's bankruptcy appeal without prejudice for failure to prosecute. Dkt. 27. On April 30, 2012, the Debtor filed a notice of appeal and a motion for reconsideration. Dkt. 28, 29. On May 1, 2012, the Debtor superseded her motion for reconsideration with a corrected motion for reconsideration. Dkt. 30. However, the Debtor's filing of a notice of appeal divested this Court of jurisdiction to consider her corrected motion for reconsideration. Gould v. Mutual Life Ins. Co., 790 F.2d 769, 772 (9th Cir. 1986). In any event, the Debtor's motion is moot in light of the Ninth Circuit's mandate dismissing the appeal as being "so insubstantial as to not warrant further review[.]" Dkt. 33. Accordingly,
IT IS HEREBY ORDERED THAT the Debtor's corrected motion for reconsideration is DENIED. This Order terminates Docket 30.
IT IS SO ORDERED.
_________
SAUNDRA BROWN ARMSTRONG
United States District Judge
IN RE GRACE MARIE MILES, Plaintiff,
v. IN RE GRACE MARIE MILES et al, Defendant.
Case Number: CV10-04725 SBA
CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on March 5, 2013, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. U.S. Trustee
Office of the U.S. Trustee / SF
Office of the U.S. Trustee
235 Pine Street
Suite 700
San Francisco, CA 94104
United States Bankruptcy Court Northern District of California
USBC-San Francisco
for the Northern Dist. of CA
235 Pine St
P.O. Box 7341
San Francisco, CA 94104
E. Lynn Schoenmann
800 Powell Street
San Francisco, CA 94104
Grace Marie Miles
P.O. Box 939
Los Altos, CA 94023-0939
Judge Thomas E. Carlson
US Bankruptcy Court
235 Pine Street
PO Box 7341
San Francisco, CA 94120
Richard W. Wieking, Clerk
By: Lisa Clark, Deputy Clerk