Brown v. Beagley et al

Filing 65

ORDER DIRECTING Clerk to NOT Forward Plaintiff's 59 Notice of Appeal to the Ninth Circuit, signed by Magistrate Judge Jennifer L. Thurston on 8/2/2012. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BENNIE RAY BROWN,

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Plaintiff,
v.
OFFICER JESS BEAGLEY, et al.,
Defendants.

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Case No.: 1:10-cv-01460 - JLT
ORDER DIRECTING CLERK TO NOT
FORWARD PLAINTIFF’S NOTICE OF APPEAL
TO THE NINTH CIRCUIT
(Doc. 59)

Plaintiff filed a “Notice of an Appeal” on June 26, 2012. (Doc. 59). Plaintiff seeks to appeal
the Court’s order denying Plaintiff’s motion to compel discovery, issued on May 16, 2012. Id.

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As explained by the Ninth Circuit, “[d]iscovery decisions are generally not final judgments that

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may be appealed under 28 U.S.C. § 1291.” United States v. Zone, 403 F.3d 1101, 1106 (9th Cir. 2005)

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Catlin v. United States, 324 U.S. 229, 233 (1945). Rather, a final decision “is one which ends the

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litigation on the merits and leaves nothing for the court to do but execute the judgment.” Catlin, 324

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U.S. at 233. The Supreme Court explained, the “policy against piece meal appeals . . . promotes

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judicial efficiency and hastens the ultimate termination of litigation.” United States v. Nixon, 418 U.S.

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683, 690 (1974) (citation omitted). Accordingly, interlocutory appeals are highly disfavored. Id.

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Nevertheless, the Supreme Court has recognized exceptions to allow appeals of decisions,

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which allow the Circuit courts “to hear interlocutory appeals of orders that (1) conclusively determine

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a disputed opinion, (2) resolve an important issue completely separate from the merits of the action,
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and (3) are effectively unreviewable on appeal from a final judgment.” Zone, 403 F.3d at 1106

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(citations and quotation marks omitted). Here, Plaintiff asserts Court erroneously denied his motion to

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compel discovery. (Doc. 59). However, the denial of Plaintiff’s motion to compel discovery does not

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determine a disputed issue or resolve an issue separate from the merits of the action. Furthermore, the

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failure to obtain appellate review at this juncture does not render this decision “effectively

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unreviewable.”

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Because Plaintiff’s notice fails to satisfy the requirements for an interlocutory appeal, the Court

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ORDERS the notice of appeal returned to Plaintiff and DIRECTS the Clerk of Court not to forward it

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to the Ninth Circuit Court of Appeals.

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IT IS SO ORDERED.
Dated:

August 2, 2012

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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