(PC) Young v. Godwin ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ZURI S. YOUNG, No. 1:20-cv-00540-DAD-JLT (PC) 12 Plaintiff, ORDER DENYING MOTION FOR 13 v. TEMPORARY RESTRAINING ORDER 14 J. GODWIN, et al., (Doc. No. 15) 15 Defendants. 16 17 Plaintiff Zuri S. Young is a state prisoner proceeding pro se in this closed civil rights 18 action under 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge 19 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On June 26, 2020, the undersigned adopted findings and recommendations issued by the 21 assigned magistrate judge, denying plaintiff’s motion to proceed in forma pauperis and 22 dismissing this action without prejudice. (Doc. No. 9.) The court agreed with the magistrate 23 judge’s findings that four of plaintiff’s prior cases were dismissed for failure to state a cognizable 24 claim, and that plaintiff’s complaint in this action failed to show that he was under imminent 25 danger of serious physical injury. (Id. at 2-3.) Plaintiff appealed from that order of dismissal, and 26 his appeal is currently pending before the Ninth Circuit Court of Appeals. (See Doc. Nos. 11, 27 12.) ///// wOoOe 4.6 UV ETA VRP th PO □□ □□□ OyYt ove 1 On August 12, 2020, plaintiff filed a motion for a temporary restraining order. (Doc. No. 2 | 15.) Plaintiff argues therein, among other things, that he is entitled to in forma pauperis status, 3 | that none of his prior cases that were dismissed should have counted as strike dismissals (or been 4 | dismissed at all), and that he is under imminent danger of serious physical injury. (See id.) 5 | Because plaintiff's appeal concerns these very same matters, the court does not have jurisdiction 6 | over plaintiff's motion. See Pyrodyne Corp. v. Pyrotronics Corp., 847 F.2d 1398, 1403 (9th Cir. 7 | 1988) (“filing of notice of appeal . . . divested the district court of jurisdiction over the matters 8 | appealed”). 9 Accordingly, 10 1. Plaintiff's motion for a temporary restraining order (Doc. No. 15) is denied; 11 2. This court will not entertain any further motions filed by plaintiff during the pendency 12 of his appeal, unless directed to do so by the Ninth Circuit Court of Appeals. 13 | IT IS SO ORDERED. si □ Dated: _ August 18, 2020 J aL Al 5 7 a 15 UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28