Perez

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL HERNANDEZ GONZALEZ, Case No. 1:19-cv-1447-ADA-CDB (PC)

12 Plaintiff,

ORDER DIRECTING CLERK TO

13 v. TERMINATE PLAINTIFF’S

MISCELLANEOUS MOTION

14 GUARD H. PEREZ, et al., (ECF No. 195) 15 Defendants. 16 17 18 Plaintiff Michael Hernandez Gonzalez has filed a motion that the Court construes as 19 untimely objections to the findings and recommendations issued on April 14, 2022,1 or as a 20 motion for relief from or reconsideration of this Court’s final order adopting those findings and 21 recommendations and dismissing this action on June 1, 2022.2 (ECF No. 195). 22 On June 15, 2022, Plaintiff filed a notice of appeal of the Court’s final order. (ECF No. 23 191.) This action divested this Court of jurisdiction over the case, and the Court cannot consider 24 a subsequently filed motion. See Nat. Res. Def. Council, Inc. v. Sw. Marine Inc., 242 F.3d 1163, 25 1166 (9th Cir. 2001) (“Once a notice of appeal is filed, the district court [loses jurisdiction]…