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Tate v. Lamarque

United States District Court, E.D. California
May 6, 2008
No. CIV S-02-2337 MCE GGH P (E.D. Cal. May. 6, 2008)

Opinion

No. CIV S-02-2337 MCE GGH P.

May 6, 2008


ORDER


On September 28, 2007, the court denied petitioner's petition for writ of habeas corpus and judgment was entered. This action is now on appeal to the Ninth Circuit Court of Appeals.

On April 10, 2008, petitioner filed a motion to reopen proceedings. "The filing of a notice of appeal divests a district court of jurisdiction over those aspects of the case involved in the appeal." Stein v Wood, 127 F.3d 1187, 1189 (9th Cir. 1997). Petitioner's motion concerns this court's handling of his habeas petition. Because this action is now on appeal, the court lacks jurisdiction to consider the motion.

Accordingly, IT IS HEREBY ORDERED that petitioner's April 10, 2008, motion to reopen proceedings is denied.


Summaries of

Tate v. Lamarque

United States District Court, E.D. California
May 6, 2008
No. CIV S-02-2337 MCE GGH P (E.D. Cal. May. 6, 2008)
Case details for

Tate v. Lamarque

Case Details

Full title:DEREK TATE, Petitioner, v. ANTHONY LAMARQUE, et al., Respondents

Court:United States District Court, E.D. California

Date published: May 6, 2008

Citations

No. CIV S-02-2337 MCE GGH P (E.D. Cal. May. 6, 2008)