(PC) Suarez v. Clark

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA JOSE ALFREDO SUAREZ, No. 1:22-cv-00160-SAB (PC) 12 Plaintiff, ORDER DENYING WITHOUT PREJUDICE PLAINTIFF’S MOTION FOR COURT 13 v. ORDER O. VALLADOLID, et al., (ECF No. 167) 15 Defendants.

17 Following a jury trial in this matter pursuant to 42 U.S.C. § 1983, judgment was entered in 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 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 return his legal materials, it is now without jurisdiction to grant the requested relief. See Hoffman v. Beer Drivers & Salesmen’s Local Union No. 888, 536 F.2d 1268, 1276 (9th Cir. 1976) (“an appeal to the circuit court deprives a district court of jurisdiction as to any matters involved in the appeal”); Erikson Prods. v. Kast, 769 Fed. App’x 482 (9th Cir. 2019). Thus, the requests should be made to the Ninth Circuit.

28 /// 1 Accordingly, it is HEREBY ORDERED that Plaintiff's motion for a court order (ECF No. | 167) is DENIED without prejudice to filing the requests with the Ninth Circuit, which currently | has jurisdiction over this action.

5 IT IS SO ORDERED. FA. ee | Dated: _ September 16, 2024 4 UNITED STATES MAGISTRATE JUDGE