Marinkovic v. Liberty Mutual Holding Company Incorporated

[7] 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA [10] 11 MELVIN MARINKOVIC, Case No. 23-cv-1084-BAS 12 Plaintiff, ORDER STAYING AND 13 v. ADMINISTRATIVELY CLOSING CASE 14 LIBERTY MUTUAL HOLDING, 15 Defendant. [16] 17 Plaintiff Melvin Marinkovic proceeding pro se, commenced this action and moved 18 to proceed in forma pauperis (“IFP”). (ECF Nos. 1, 4.) On June 30, 2023, the Court issued 19 an order denying the IFP motion without prejudice. (ECF No. 5.) The Court explained 20 that the denial was without prejudice because Plaintiff used a standard form to complete 21 his IFP motion, but the filing was missing a key page. (Id.) That page requires “Plaintiff 22 to input information that would illuminate whether he has other streams of income—such 23 as social security benefits, pensions, or public assistance—and/or liquid assets—namely 24 money in bank accounts or other financial institutions.” (Id.) The Court gave Plaintiff 25 several weeks to either pay the filing fee or submit adequate proof of his inability to do so. 26 (Id.) 27 Plaintiff instead filed a Notice of Appeal. (ECF No. 6.) Generally, “[t]he filing of 28 a notice of appeal ‘confers jurisdiction on the court of appeals and divests the district court 1 its control over those aspects of the case involved in the appeal.’” United States v. 2 || PetroSaudi Oil Servs. (Venezuela) Ltd., 70 F.4th 1199, 1211 (9th Cir. 2023) (quoting 3 || United States v. Ortega-Lopez, 988 F.2d 70, 72 (9th Cir. 1993)). “This general divestment 4 is a ‘judge-made doctrine designed to avoid the confusion and waste of time that might 5 || flow from putting the same issues before two courts at the same time.’” Jd. (quoting Cal. 6 || Dep’t of Toxic Substances Control v. Com. Realty Projects, Inc., 309 F.3d 1113, 1120 (9th 7 2002)). 8 This case cannot proceed until Plaintiff's IFP status is resolved or the filing fee is 9 Plaintiff's appeal involves those issues. Hence, in light of the appeal, this case 1s 10 || STAYED, and the Clerk of Court shall ADMINISTRATIVELY CLOSE the matter. 11 IT IS SO ORDERED. 12 ) 13 || DATED: October 5, 2023 Lin A (Lyohaa 6 14 United States District Judge