Kernan

(PC) Gipbsin v. Kernan

Good Law
United States District Court, Eastern District of CaliforniaApril 8, 20212:12-cv-00556California337 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 CLARENCE A. GIPBSIN, No. 2:12-cv-0556 KJM DB P Plaintiff, v. ORDER SCOTT KERNAN, et al., Defendants. 15 Plaintiff is a state prisoner proceeding pro se with a civil rights action. Defendants’ summary judgment motion was granted, and judgment was entered on March 24, 2021. (ECF Nos. 299, 300.) Presently before the court is plaintiff’s motion for the appointment of counsel filed concurrently with a notice of appeal. (ECF No. 303.) “The 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.” Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 58 (1982). Additionally, the filing of a notice of appeal divests a trial court of jurisdiction over the matters appealed. Donovan v. Mazzola, 761 F.2d 1411, 1414 (9th Cir. 1985). Plaintiff indicates that he is…

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