(PC) Whitsitt v. San Joaquin County Mental Health
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ----oo0oo---- 11 WILLIAM J. WHITSITT, No. 2:22-cv-0356 WBS CKD P Plaintiff, v. ORDER SAN JOAQUIN COUNTY MENTAL HEALTH, et al., 16 Defendants. 17 18 ----oo0oo---- The court previously dismissed plaintiff’s fifth amended complaint without leave to amend and judgment was entered. (Docket Nos. 32, 33.) Plaintiff has now filed a motion which he refers to as a “60b” motion and also as a “motion to withdraw guilty plea.” (Docket No. 34.) On the same day, plaintiff also filed his notice of appeal. (Docket No. 36.) The filing of a notice of appeal divests the district court of jurisdiction over the aspects of the case involved in the appeal. United States v. Ortega Lopez, 988 F.2d 70, 72 (9th ene ne EI I IEE RIED RN OE I ESI II EEO
Cir. 1993). Because plaintiff has appealed the dismissal of his complaint, the court has no jurisdiction to …