Born v. State of Idaho et al, No. 1:2015cv00551 - Document 18 (D. Idaho 2016)

Court Description: MEMORANDUM DECISION AND ORDER re: 13 Request filed by Clinton P Born, II. IT IS SO ORDERED that Plaintiff's Request for an extension to amend his complaint (Dkt. 13) is DISMISSED. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (km)

Download PDF
Born v. State of Idaho et al Doc. 18 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO CLINTON P. BORN, II, Case No. 1:15-cv-551-BLW Plaintiff, MEMORANDUM DECISION AND ORDER v. STATE OF IDAHO; ADA COUNTY, FOURTH JUDICIAL DISTRICT; DANIEL STECKEL, Ada County Magistrate Judge; KEVIN SWAIN, Ada County Magistrate Judge; GREG BOWER et. al., Ada County Prosecutor’s Office, Defendants. INTRODUCTION Pending before the Court is plaintiff’s request for an extension to amend his complaint. Dkt. 13. Plaintiff filed this request after the Court entered judgment in this case and after he filed a notice of appeal with the Ninth Circuit. See Dkts 8, 9. The Court thus lacked jurisdiction to hear the request at the time it was filed. See Griggs v. Provident Consumer Co., 459 U.S. 56, 58 (1982) (“The filing of a notice of appeal is an event of jurisdictional significance – it confers jurisdiction on the court of appeals and divests the district court of its control over those aspects of the case involved in the appeal.”). Ultimately, the Ninth Circuit did not have jurisdiction over the appeal because Born’s notice of appeal was untimely. See July 25, 2016 Ninth Circuit Order, Dkt. 15. MEMORANDUM DECISION AND ORDER - 1 Dockets.Justia.com Nevertheless, this does not change the fact that the Court did not have jurisdiction over the motion when it was filed. Further, even assuming it had jurisdiction, the Court would deny the request for an extension as Born failed to show good cause. ORDER It IS ORDERED that plaintiff’s Request for an extension to amend his complaint (Dkt. 13) is DISMISSED. DATED: November 30, 2016 _________________________ B. Lynn Winmill Chief Judge United States District Court MEMORANDUM DECISION AND ORDER - 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.