Opinion
No. CV 03-227-TUC-CKJ.
May 25, 2006
ORDER
Pending before the Court is Plaintiffs' "Motion for Waiver of Appeal Filing Fees." However, as Plaintiffs have appealed a final decision of the Court dismissing this case with prejudice, the Court no longer has jurisdiction over this case. See 28 U.S.C. § 1291 (allowing appeals from final decisions); Green Tree Fin'l Corp.-Alabama v. Randolph, 531 U.S. 79, 86 (2000) (a "final decision" is one "that ends the litigation on the merits and leaves nothing more for the court to do but execute the judgment.") (internal quotes and citations omitted); Estate of Conners by Meredith v. O'Connor, 6 F.3d 656, 658 (9th Cir. 1993) ("As a general rule, [t]he filing of a notice of appeal is an event of jurisdictional significance — it 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 . . ."); Fed.R.App.P. 4(a)(4).
Accordingly, Plaintiffs' "Motion for Waiver of Appeal Filing Fees" is denied.