Free Mandate of 9th Circuit - District Court of Arizona - Arizona

UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
GREGORY WATERMAN, named on No. 05-16289
complaint as Gregory Allen Waterman, D.C. No. CV-02-02368-JWS/MS
Petitioner - Appellant, `
v. _ _ _ AMENDED JUDGMENT p
DORA Bi.`SCHRIRO,iDirector; et al., · it ii I *
Respondents - Appellees.
Appeal from the United States District Court for the District of Arizona - ~ * *
(Phoenix). `
This cause came on to be heard on the Transcript of the Record from the l P ·
United States District Court for the District of Arizona (Phoenix) and was duly
submitted.
On consideration whereof, it is now here ordered and adjudged by this
Court, that the appeal is hereby REMANDED to the District court so it may rule
upon appellant’s motion for relief of judgment. -
Filed and entered Tuesday, November 29, 2005
5 A mus ccbpv
carey A. Carrerascnm
Clerk of Court -
WEST ·` A I
,r‘" mgzsznos 0
Case 2:02-cv-02368-JWS Document 98 Filed O2/O1/2006 Page 1 of 3

-_!·s ` _‘ I in-»/X/N
‘ I UNITED STATES COURT OF APPEALS F I L E D
‘ U FOR THE NINTH CIRCUIT NOV 29 2005
— »l%Yé¤S’lll5l*i%lrit*§“"
{GREGORY WATERMAN, named on No. 05-16289 s
Y complaint as Gregory Allen Waterman,
g D.C. No. CV-02—02368-JWS
` " Petitioner-Appellant, District of Arizona,
A Phoenix
v.
DORA B. SCHRIRO, Director; etal., ORDER
Respondents-Appellees. I
Before: WALLACE, LEAVY and BERZON, Circuit Judges
We have reviewed the record and appellant’s response to this court’s
August 17, 2005 order to show cause why this appeal should not be dismissed for
lack of jurisdiction. The order to show cause is discharged. A
Appellant’s notice of appeal, entered in the district court on June 22, 2005,
divested the district court of jurisdiction to consider appellant’s motion for relief
of judgment, which was tiled in the district court on June 16, 2005. See Williams
v. Woodford, 384 F.3d 567, 586 (9th Cir. 2004), cert. denied, 126 S. Ct. 419
(2005).
However, the district court has indicated its willingness to entertain and
grant appellant’s motion for relief of judgment. Accordingly, appellant’s
Case 2:02-cv-02368-JWS Document 98 Filed O2/O1/2006 Page 2 of 3

i · 05-16289
unopposed July 22, 2005 motion for remand is granted, and this case is remanded i
to district court so it may mle upon appellant’s motion for relief of judgment.
See id.
REMANDED. »
S:\MOATT\Panc]ord\l 1.21 .O5\orders\eo3\O5-1 6289.wpd 2 ·
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