Ortega

Williams v. Ortega

Good Law
United States District Court, Southern District of CaliforniaNovember 21, 20193:18-cv-00547California316 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 LANCE WILLIAMS, Case No.: 3:18-cv-00547-LAB-MDD

CDCR #AG-2394,

ORDER DENYING REQUEST TO

Plaintiff, STAY CASE PENDING vs. INTERLOCUTORY APPEAL

O. ORTEGA, et al.,

15 Defendants. 16 17 18 19 20 21 The Court on November 4, 2019 dismissed certain claims against defendants Melgoza and Kimani with prejudice, and one claim against Kimani without prejudice and with leave to amend. The Court gave Williams 21 days to amend the claim against Kimani that was dismissed without prejudice. Claims against other Defendants remain pending. Williams then filed a notice of appeal, along with a request to stay the case until the appeal is adjudicated. (Docket no. 34.) Ordinarily, a notice of appeal divests the Court of jurisdiction over the matters appealed. Griggs v. Provident Consumer Discount Co., 459 || U.S. 56, 58 (1982) (per curiam). But a notice of appeal from a nonappealable interlocutory 2 || order does not divest the Court of…

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