Opinion
No. 17-72917
11-21-2017
ORDER
Before the court is the government's emergency motion for a stay of our order of November 16, 2017, which denied the government's petition for a writ of mandamus and lifted a temporary stay that we had previously imposed. As the order denying mandamus relief was effective immediately upon its issuance, see Ellis v. U.S. Dist. Court , 360 F.3d 1022, 1023 (9th Cir. 2004) (en banc), jurisdiction now lies with the district court, and not with this court. Compare Daimler–Benz Aktiengesellschaft v. U.S. Dist. Court , 805 F.2d 340, 341–42 (10th Cir. 1986) (ordering a stay of district court proceedings before any order denying or granting mandamus had issued). If the government seeks further relief from this court, it must do so in a new petition for mandamus. The government's emergency motion for a stay is therefore DISMISSED.