Melvin Munir v. Thomas , 471 F. App'x 570 ( 2012 )

FILED
NOT FOR PUBLICATION MAR 06 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MELVIN MUNIR, No. 09-15727
Plaintiff - Appellee, D.C. No. 2:05-cv-01996-MCE-
EFB
v.
THOMAS, Sergeant, MEMORANDUM *
Defendant - Appellant,
and
MARTINEZ, Correctional Officer; et al.,
Defendants.
Appeal from the United States District Court
for the Eastern District of California
Morrison C. England, Jr., District Judge, Presiding
Submitted February 21, 2012 **
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Thomas, a housing sergeant at California Medical Facility, appeals from the
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
district court’s order denying him qualified immunity in plaintiff’ Munir’s 42
U.S.C. § 1983 action alleging deliberate indifference to serious medical needs. We
dismiss for lack of appellate jurisdiction.
We lack jurisdiction to consider this interlocutory appeal because “an order
denying qualified immunity on the ground that a genuine issue of material fact
exists is not a final, immediately appealable order.” Maropulos v. County of Los
Angeles, 560 F.3d 974, 975 (9th Cir. 2009) (per curiam), citing Johnson v. Jones,
515 U.S. 304, 314-15 (1995). The district court denied qualified immunity to
Thomas after determining that there were genuine disputes of material fact as to
whether Thomas was deliberately indifferent to Munir’s medical needs, and that
those facts, if proven, would establish a violation of Munir’s clearly established
Eighth Amendment rights. Accordingly, we dismiss this appeal for lack of
jurisdiction.
DISMISSED.
2 09-15727