(HC) Chestang v. Sisto, No. 2:2007cv01173 - Document 89 (E.D. Cal. 2010)
Court Description: ORDER signed by Magistrate Judge Gregory G. Hollows on 01/14/10 ordering that petitioner's motion for reconsideration 87 and amended objections to the findings and recommendations 88 are disregarded as inapposite. (Plummer, M)
Download PDF
<![CDATA[
(HC) Chestang v. Sisto Doc. 89 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DANIEL K. CHESTANG, 11 12 13 14 15 16 Petitioner, No. CIV S- 07-1173 LKK GGH P vs. D.K. SISTO, Warden, Respondent. ORDER / Judgment in this case was entered on September 30, 2009, pursuant to an order 17 dismissing petitioner’s application brought pursuant to 28 U.S.C. §2254. Petitioner, through his 18 retained counsel, filed a timely notice of appeal, on October 29, 2009, and a certificate of 19 appealability issued on December 22, 2009. Although the appeal to the Ninth Circuit has been 20 processed, petitioner has subsequently filed a motion for reconsideration, as well as amended 21 objections to the underlying findings and recommendations, adopted by the district judge in the 22 September 30, 2009, Order. The court will order that the motion for reconsideration and 23 amended objections be disregarded for several reasons. In the first place, this court has lost 24 jurisdiction of this matter as an appeal is pending; second, petitioner has submitted the filings at 25 issue pro se, when he has been proceeding in this matter through counsel and should not 26 communicate with the court except through his retained counsel; third, neither by his motion or 1 Dockets.Justia.com 1 his amended objections does the petitioner raise any substantive ground for revisiting the 2 judgment, even if the court retained jurisdiction; finally, his putative amended objections are 3 untimely. 4 Accordingly, IT IS ORDERED that petitioner’s motion for reconsideration and 5 amended objections to the findings and recommendation, both filed on December 29, 2009, at 6 docket # 87 and # 88, respectively, are disregarded as inapposite. 7 8 DATED: January 14, 2010 /s/ Gregory G. Hollows 9 GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE 10 11 12 GGH:009 ches1173.ord2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
