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Margaret Morris, An Individual v. Kenneth Atchity

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


February 24, 2012

MARGARET MORRIS, AN INDIVIDUAL PLAINTIFF,
v.
KENNETH ATCHITY, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Honorable Ronald S.W. Lew Senior, U.S. District Court Judge

ORDER Re: Plaintiff's Motion to Prevent a Gross Miscarriage of Justice [228]

Currently before the Court is Plaintiff Margaret Morris's ("Plaintiff") Motion to Prevent a Gross Miscarriage of Justice: Relief Pursuant to Matters of Constitutional and Federal Laws [228]. The Court having reviewed all papers submitted pertaining to this Motion, NOW FINDS AND RULES AS FOLLOWS:

The Court hereby DENIES Plaintiff's Motion to Prevent a Gross Miscarriage of Justice. The current Action is stayed pending appeal before the Ninth Circuit, Case No. 11-56248. Pursuant to Federal Rule of Civil Procedure 62.1, the Court has three options when a motion is made for relief that the Court lacks authority to grant due to a pending appeal: defer considering the motion, deny the motion, or state that it would grant the motion if the case were remanded or that the Motion raises a substantial issue. Fed. R. Civ. P. 62.1. The Court does not have the authority to grant Plaintiff's Motion, and the Court finds that an indicative ruling is inappropriate at this juncture. Accordingly, the Court hereby DENIES Plaintiff's Motion without prejudice.

IT IS SO ORDERED.

20120224

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