(PC) Suarez v. Clark ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE ALFREDO SUAREZ, No. 1:22-cv-00160-SAB (PC) 12 Plaintiff, ORDER DENYING WITHOUT PREJUDICE PLAINTIFF’S MOTION FOR COURT 13 v. ORDER 14 O. VALLADOLID, et al., (ECF No. 167) 15 Defendants. 16 17 Following a jury trial in this matter pursuant to 42 U.S.C. § 1983, judgment was entered in 18 favor of Defendants on August 14, 2024. 19 Plaintiff filed a notice of appeal on August 26, 2024. (ECF No. 159) 20 On September 13, 2024, Plaintiff filed a motion requesting a court order to direct prison 21 officials to return his legal materials in order to litigate his appeal in this matter. (ECF No. 167.) 22 To the extent Plaintiff requests the district court issue an order directing prison officials to 23 return his legal materials, it is now without jurisdiction to grant the requested relief. See Hoffman 24 v. Beer Drivers & Salesmen’s Local Union No. 888, 536 F.2d 1268, 1276 (9th Cir. 1976) (“an 25 appeal to the circuit court deprives a district court of jurisdiction as to any matters involved in the 26 appeal”); Erikson Prods. v. Kast, 769 Fed. App’x 482 (9th Cir. 2019). Thus, the requests should 27 be made to the Ninth Circuit. 28 /// 1 Accordingly, it is HEREBY ORDERED that Plaintiff's motion for a court order (ECF No. 2 | 167) is DENIED without prejudice to filing the requests with the Ninth Circuit, which currently 3 | has jurisdiction over this action. 4 5 IT IS SO ORDERED. FA. ee 6 | Dated: _ September 16, 2024 4 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28