June 18, 2013
UNITED STATES OF AMERICA, Plaintiff,
MARK TIMOTHY POOL, Defendant.
WILLIAM B. SHUBB, District Judge.
On May 28, 2013, defendant filed a Notice of Appeal (Docket No. 35) from this court's order of May 13, 2013 (Docket No. 33) denying defendant's Motion to Amend the Judgment (Docket No 32). His appeal was duly processed to the Ninth Circuit on May 30, 2013 (Docket No. 36).
On June 10, 2013, defendant filed a Motion for Judgment on the Pleadings, pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. (Docket No. 38). First, the court notes that Rule 12(c) is entirely inapplicable here, as this is a criminal, not a civil, case; and there is nothing pending upon which to enter a judgment on the pleadings in any event. Second, this court has no jurisdiction to hear any motion while defendant's appeal is pending in the Ninth Circuit. See Griggs v. Provident Consumer Discount Company , 103 S.Ct. 400, 402 (1982).
IT IS THEREFORE ORDERED that defendant's Motion for Judgment on the Pleadings be, and the same hereby is, DENIED.