(HC) Phea v. C. Pfeiffer, No. 2:2020cv00283 - Document 67 (E.D. Cal. 2021)

Court Description: ORDER signed by Senior Judge William B. Shubb on 4/15/2021 ORDERING the court DECLINES to address the pending findings and recommendations at this time, and all proceedings are hereby STAYED pending resolution of the appeal. CASE STAYED. (Zignago, K.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 MALANJE PHEA, Petitioner, 13 14 15 16 No. 2:20-cv-00283 WBS GGH P v. ORDER CHRISTIAN PFEIFFER, Warden, Respondent. 17 ----oo0oo---- 18 19 Petitioner has filed an application for a writ of 20 habeas corpus pursuant to 28 U.S.C. § 2254. 21 referred to a United States Magistrate Judge pursuant to 28 22 U.S.C. § 636(b)(1)(B) and Local Rule 302. 23 The matter was On February 17, 2021, the magistrate judge filed 24 findings and recommendations recommending dismissing petitioner’s 25 habeas petition. 26 to the February 17, 2021 findings and recommendations. 27 Nos. 55, 58.) (Docket No. 52.) Petitioner filed objections (Docket Petitioner then filed a “Timely Notice of Appeal 28 1 1 and Request for a Certificate of Appealability”.1 2 59). (Docket No. 3 Before the initial Notice of Appeal was filed, on March 4 12, 2021, the magistrate judge filed findings and recommendations 5 recommending denying petitioner’s motion to stay. 6 63.) 7 findings and recommendations. 8 “Timely Notice of Appeal and Request for a Certificate of 9 Appealability”, which appears substantially similar to the prior 10 (Docket No. Neither party filed objections to the March 12, 2021 Notice of Appeal. 11 Petitioner the filed a second (Docket No. 65.) While it is unclear what exactly the petitioner is 12 appealing, it appears that he is challenging the magistrate 13 judge’s February 17, 2021 findings and recommendations 14 recommending that his petition be denied, and seeks Ninth Circuit 15 review of those findings and recommendations, separate from his 16 objections that he previously filed. 17 second notice of appeal, he may also be appealing the 18 recommendation that his request to stay be denied. 19 Given the timing of the “The filing of a notice of appeal is an event of 20 jurisdictional significance--it confers jurisdiction on the court 21 of appeals and divests the district court of its control over 22 those aspects of the case involved in the appeal.” 23 Provident Consumer Disc. Co., 459 U.S. 56, 58 (1982). 24 petitioner’s appeal, this court has been divested of its 25 jurisdiction to review both the February 17, 2021 findings and Griggs v. Given 26 27 28 The court expresses no opinion as to whether the Notice of Appeal was in fact “timely”, but states the full name of the petitioner’s filing as listed in the caption of the document. 2 1 1 recommendations and the March 12, 2021 findings and 2 recommendations. 3 pending findings and recommendations at this time, and all 4 proceedings are hereby STAYED pending resolution of the appeal. 5 6 Accordingly, the court declines to address the IT IS SO ORDERED. Dated: April 15, 2021 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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