(PC) Garraway v. Ciufo ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MITCHELL GARRAWAY, 1:17-cv-00533-ADA-GSA (PC) USCA Case No. 23-15482 12 Plaintiff, 13 vs. ORDER REFERRING PLAINTIFF’S MOTION TO DISMISS 14 JACQUILINE CIUFO, et al., INTERLOCUTORY APPEAL TO THE NINTH CIRCUIT 15 Defendants. (ECF No. 163.) 16 17 18 19 Plaintiff, Mitchell Garraway, is a federal prisoner proceeding pro se and in forma 20 pauperis with this civil rights action pursuant to Bivens vs. Six Unknown Agents, 403 U.S. 388 21 (1971). This case now proceeds with Plaintiff’s original Complaint filed on April 17, 2017, 22 against defendants Jacqueline Ciufo (Unit Manager), K. Miller (Corrections Officer), and 23 Lieutenant J. Zaragoza (collectively, “Defendants”), for failure to protect Plaintiff in violation of 24 the Eighth Amendment. (ECF No. 1.) 25 On March 31, 2023, Defendants filed a notice of interlocutory appeal to the Ninth Circuit 26 Court of Appeals. (ECF No. 160.) On April 14, 2023, Plaintiff filed a motion to dismiss 27 Defendants’ interlocutory appeal. (ECF No. 163.) Plaintiff’s motion to dismiss is more properly 28 brought at the Ninth Circuit Court of Appeals and shall be referred to the appeals court. 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Plaintiff’s motion to dismiss Defendants’ interlocutory appeal, filed on April 14, 3 2023, is referred to the Ninth Circuit Court of Appeals as more properly brought 4 at the appeals court; and 5 2. The Clerk of Court shall serve a copy of this order on the Ninth Circuit Court of 6 Appeals. 7 IT IS SO ORDERED. 8 9 Dated: April 17, 2023 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28