Opinion
Case Nos. CR04-5265 RBL, C05-5756 RBL.
February 27, 2006
ORDER
THIS MATTER comes on before the above-entitled Court upon Defendant's "Motion/Evidence for Quo Warranto and/or 60B (sic) Motion" [Dkt. #70, CR04-5265RBL] and "Actual and Constructive Notice and Request for Fiduciary Tax Return" [Dkt. #71, CR04-5265RBL].
Having considered the entirety of the records and file herein, the Court finds and rules as follows:
Defendant, acting pro se, has again filed frivolous documents with this Court [see Dkt. #69, CR04-5265RBL] after having filed a Notice of Appeal of this Court's Order Denying § 2255 Motion [Dkt. #3, C05-5765RBL] and after this Court denied a Certificate of Appealability [Dkt. #9, C05-5756RBL]. The Notice of Appeal divests this Court of jurisdiction to consider plaintiff's frivolous requests, and, as such, the "Motion" and "Notice" are hereby STRICKEN from this Court's motions calendar. The Court will not respond to any further frivolous filings by the defendant.
IT IS SO ORDERED.
The Clerk shall send uncertified copies of this order to all counsel of record, and to any party appearing pro se.