Garraway v. Ciufo et al

Filing 164

ORDER REFERRING 163 Plaintiff's Motion to Dismiss Interlocutory Appeal to the Ninth Circuit, signed by Magistrate Judge Gary S. Austin on 4/17/2023. (Rivera, O)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MITCHELL GARRAWAY,

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1:17-cv-00533-ADA-GSA (PC)
USCA Case No. 23-15482

Plaintiff,
vs.
JACQUILINE CIUFO, et al.,
Defendants.

ORDER REFERRING PLAINTIFF’S
MOTION TO DISMISS
INTERLOCUTORY APPEAL TO THE
NINTH CIRCUIT
(ECF No. 163.)

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Plaintiff, Mitchell Garraway, is a federal prisoner proceeding pro se and in forma

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pauperis with this civil rights action pursuant to Bivens vs. Six Unknown Agents, 403 U.S. 388

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(1971). This case now proceeds with Plaintiff’s original Complaint filed on April 17, 2017,

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against defendants Jacqueline Ciufo (Unit Manager), K. Miller (Corrections Officer), and

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Lieutenant J. Zaragoza (collectively, “Defendants”), for failure to protect Plaintiff in violation of

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the Eighth Amendment. (ECF No. 1.)

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On March 31, 2023, Defendants filed a notice of interlocutory appeal to the Ninth Circuit

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Court of Appeals. (ECF No. 160.) On April 14, 2023, Plaintiff filed a motion to dismiss

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Defendants’ interlocutory appeal. (ECF No. 163.) Plaintiff’s motion to dismiss is more properly

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brought at the Ninth Circuit Court of Appeals and shall be referred to the appeals court.
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Accordingly, IT IS HEREBY ORDERED that:

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Plaintiff’s motion to dismiss Defendants’ interlocutory appeal, filed on April 14,

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2023, is referred to the Ninth Circuit Court of Appeals as more properly brought

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at the appeals court; and

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2.

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The Clerk of Court shall serve a copy of this order on the Ninth Circuit Court of
Appeals.

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IT IS SO ORDERED.
Dated:

April 17, 2023

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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