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Sua v. Tilton

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


March 8, 2010

MICHAEL RAYMOND SUA, PETITIONER,
v.
JAMES TILTON, RESPONDENT.

The opinion of the court was delivered by: Hon. Jeffrey T. Miller United States District Judge

ORDER DENYING MOTION FOR STAY WITHOUT PREJUDICE

On or about February 26, 2010, the court received from Petitioner a motion to stay these proceedings. The court denies the motion without prejudice because the court is divested of subject matter jurisdiction to entertain Petitioner's merits-based motion. This action is presently on appeal before the Ninth Circuit. Until the district court receives the mandate from the Ninth Circuit transferring jurisdiction back the district court, the court lacks jurisdiction to entertain the motion to stay. See Nascimento v. Dummer, 508 F.3d 905, 908 (9th Cir. 2007). Accordingly, the motion to stay the proceedings is denied without prejudice.

IT IS SO ORDERED.

20100308

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