127 F.3d 1187 (9th Cir. 1997), 96-36213, Stein v. Wood

Docket Nº96-36213.
Citation127 F.3d 1187
Party Name97 Daily Journal D.A.R. 13,647 Jack K. STEIN, Petitioner-Appellant, v. Tana WOOD, Superintendent; Belinda D. Stewart, Respondents-Appellees.
Case DateNovember 04, 1997
CourtUnited States Courts of Appeals, Court of Appeals for the Ninth Circuit

Page 1187

127 F.3d 1187 (9th Cir. 1997)

97 Daily Journal D.A.R. 13,647

Jack K. STEIN, Petitioner-Appellant,

v.

Tana WOOD, Superintendent; Belinda D. Stewart, Respondents-Appellees.

No. 96-36213.

United States Court of Appeals, Ninth Circuit

November 4, 1997

Submitted Sept. 22, 1997.[*]

Page 1188

Jack K. Stein, Walla Walla, Washington, in pro se, for the petitioner-appellant.

Thomas J. Young, Assistant Attorney General, Olympia, Washington, for the respondents-appellees.

Appeal from the United States District Court for the Western District of Washington; Robert J. Bryan, District Judge, Presiding. D.C. No. CV-91-05523-RJB.

Before: HALL, BRUNETTI, and THOMAS, Circuit Judges.

CYNTHIA HOLCOMB HALL, Circuit Judge.

Washington state prisoner Jack K. Stein appeals pro se the district court's dismissal, for lack of jurisdiction, of his motion for an order directing his immediate release. We have jurisdiction to determine whether the district court had jurisdiction to decide petitioner's motion for release, and we review de novo. See Carriger v. Lewis, 971 F.2d 329, 332 (9th Cir.1992) (en banc). We hold that the district court did have jurisdiction over the motion. We therefore reverse and remand for consideration of the merits of the motion.

I

Background

Mr. Stein was convicted in state court of three counts of attempted murder in the first degree and one count of burglary in the first degree. He filed a 28 U.S.C. § 2254 habeas petition with the district court. The district court granted summary judgment against Stein's nine claims of trial error, but ordered an evidentiary hearing as to his two claims of ineffective assistance of counsel on appeal and excessive delay on appeal. After the evidentiary hearing, the district court granted Stein a writ of habeas corpus, finding that he was unconstitutionally deprived of his right to a direct appeal in state court. The court, however, conditioned Stein's release from custody; he would be released only if the state did not reinstate his right to a direct appeal within 90 days.

Mr. Stein then filed an appeal arguing that the district court erred in granting summary judgment against his trial claims and erred in its choice of the conditional release as a remedy for his direct appeal claims. In an unpublished disposition, this court affirmed the district court's summary judgment on these issues. See Stein v. Wood, No. 96-35694 (9th Cir. Sept. 22, 1997).

After the notice of appeal was filed, and before the appeal was decided, Stein filed a motion with the district court for an order directing his immediate release. He asserted that his direct appeal had not been reinstated within the requisite 90 days. The district court dismissed the motion for lack of jurisdiction, holding that once an appeal of a final order has been filed in the court of appeals, the district court loses jurisdiction to decide the motion. Stein timely appealed the dismissal for lack of jurisdiction.

II

Analysis

The issue in this case is whether Stein's appeal of the summary judgment against his trial claims, and his appeal of the choice of

Page 1189

conditional release as a remedy, divests the district court of jurisdiction to decide whether the condition that would trigger his release from custody has occurred.

A

As a general rule, the filing of a notice of appeal divests a district court of jurisdiction over those aspects of the case involved in the appeal. See Marrese v. American Academy of Ortho. Surgeons, 470 U.S. 373, 379, 105 S.Ct. 1327, 1331, 84 L.Ed.2d 274 (1985). See also Carriger v. Lewis, 971 F.2d at 332 (citing Smith v. Lujan, 588 F.2d 1304, 1307 (9th Cir.1979)).

The rationale for this general rule is that it avoids "the confusion and waste of time that might flow from putting the same issues before two courts at the same time." Kern Oil & Refining Co. v. Tenneco Oil Co., 840 F.2d 730, 734 (9th Cir.1988). This general rule is thus a rule of judicial economy. It does not rest on a statute and "should not be employed to defeat its purposes nor to induce needless paper shuffling." Id.; see also Hoffman v. Beer Drivers, 536 F.2d 1268, 1276 (9th Cir.1976) (general rule "is not a creature of statute and is not absolute in character.").

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  • M Seven Systems Limited v. Leap Wireless International, Inc., 081114 CASDC, 12cv01424 CAB(RBB)
    • United States
    • Federal Cases United States District Courts 9th Circuit Southern District of California
    • 11 Agosto 2014
    ...for failure to comply with a court order.") (citing United States v. Phelps , 283 F.3d 1176, 1181 (9th Cir. 2002); Stein v. Wood , 127 F.3d 1187, 1189 (9th Cir. 1997); Masalosalo , 718 F.2d at 957; Am. Town Ctr. v. Hall 83 Assocs. , 912 F.2d 104, 110 (6th Cir. [4] "A maintenance r......
  • Bruser v. Bank of Hawaii, 112118 HIDC, Civ. 14-00387 LEK-RLP
    • United States
    • Federal Cases United States District Courts 9th Circuit District of Hawaii
    • 21 Noviembre 2018
    ...confusion and waste of time that might flow from putting the same issues before two courts at the same time.'” Stein v. Wood, 127 F.3d 1187, 1189 (9th Cir. 1997) (quoting Kern Oil & Refining Co. v. Tenneco Oil Co., 840 F.2d 730, 734 (9th Cir. 1988)). The rule does......
  • Naranjo v. Beard, 070813 CASDC, 11cv1487 WQH (PCL)
    • United States
    • Federal Cases United States District Courts 9th Circuit Southern District of California
    • 8 Julio 2013
    ...orders regarding the custody or enlargement of a [habeas corpus] petitioner even after an appeal has been taken." Stein v. Wood, 127 F.3d 1187, 1190 (9th Cir. 1997) (citation omitted). "This is not a case where the district court would be deciding the same issues before the appeal......
  • Bruser v. Bank of Hawaii, 020719 HIDC, Civ. 14-00387 LEK-RLP
    • United States
    • Federal Cases United States District Courts 9th Circuit District of Hawaii
    • 7 Febrero 2019
    ...and waste of time that might flow from putting the same issues before two courts at the same time.'” Stein v. Wood, 127 F.3d 1187, 1189 (9th Cir. 1997) (quoting Kern Oil & Refining Co. v. Tenneco Oil Co., 840 F.2d 730, 734 (9th Cir. 1988)). The rule does not sta......
  • Free signup to view additional results
67 cases
  • M Seven Systems Limited v. Leap Wireless International, Inc., 081114 CASDC, 12cv01424 CAB(RBB)
    • United States
    • Federal Cases United States District Courts 9th Circuit Southern District of California
    • 11 Agosto 2014
    ...for failure to comply with a court order.") (citing United States v. Phelps , 283 F.3d 1176, 1181 (9th Cir. 2002); Stein v. Wood , 127 F.3d 1187, 1189 (9th Cir. 1997); Masalosalo , 718 F.2d at 957; Am. Town Ctr. v. Hall 83 Assocs. , 912 F.2d 104, 110 (6th Cir. [4] "A maintenance r......
  • Bruser v. Bank of Hawaii, 112118 HIDC, Civ. 14-00387 LEK-RLP
    • United States
    • Federal Cases United States District Courts 9th Circuit District of Hawaii
    • 21 Noviembre 2018
    ...confusion and waste of time that might flow from putting the same issues before two courts at the same time.'” Stein v. Wood, 127 F.3d 1187, 1189 (9th Cir. 1997) (quoting Kern Oil & Refining Co. v. Tenneco Oil Co., 840 F.2d 730, 734 (9th Cir. 1988)). The rule does......
  • Naranjo v. Beard, 070813 CASDC, 11cv1487 WQH (PCL)
    • United States
    • Federal Cases United States District Courts 9th Circuit Southern District of California
    • 8 Julio 2013
    ...orders regarding the custody or enlargement of a [habeas corpus] petitioner even after an appeal has been taken." Stein v. Wood, 127 F.3d 1187, 1190 (9th Cir. 1997) (citation omitted). "This is not a case where the district court would be deciding the same issues before the appeal......
  • Bruser v. Bank of Hawaii, 020719 HIDC, Civ. 14-00387 LEK-RLP
    • United States
    • Federal Cases United States District Courts 9th Circuit District of Hawaii
    • 7 Febrero 2019
    ...and waste of time that might flow from putting the same issues before two courts at the same time.'” Stein v. Wood, 127 F.3d 1187, 1189 (9th Cir. 1997) (quoting Kern Oil & Refining Co. v. Tenneco Oil Co., 840 F.2d 730, 734 (9th Cir. 1988)). The rule does not sta......
  • Free signup to view additional results