Murillo v. Holland

Summary

The Eastern District of California denied without prejudice a state prisoner’s motion for a bench trial and/or settlement conference and motion for appointment of counsel. The court held that defendants’ notice of appeal from an order denying qualified immunity divested the district court of jurisdiction over matters subsumed within the appeal.

Holdings

1. The filing of defendants' notice of appeal divested the district court of jurisdiction to proceed on matters subsumed within the appeal, so the court lacked jurisdiction to grant plaintiff's requested relief.

Questions Presented

1. Whether the filing of defendants' notice of appeal from the order denying qualified immunity divested the district court of jurisdiction to grant plaintiff's requested bench trial, settlement conference, or appointment of counsel.

Disposition

other