Hayes v. Centurion of Idaho, LLC

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAY 11 2026 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

MICHAEL THERON HAYES, No. 25-7445 D.C. No. 1:23-cv-00260-DCN Plaintiff - Appellant,

v. MEMORANDUM*

CENTURION OF IDAHO, LLC; KAYLA MILLER; JANE AND JOHN DOE NURSES (6); C/O DINIUS, IDOC,

Defendants - Appellees.

Appeal from the United States District Court for the District of Idaho David C. Nye, District Judge, Presiding

Submitted April 22, 2026**

Before: LEE, DESAI, and JOHNSTONE, Circuit Judges.

Idaho state prisoner Michael Theron Hayes appeals pro se from the district

court’s order denying his motion for preliminary injunctive relief and modifying the

scheduling order in his 42 U.S.C. § 1983 action. We dismiss the appeal for lack of

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). jurisdiction.

Although we have jurisdiction under 28 U.S.C. § 1292(a)(1) to review

interlocutory orders denying injunctions, Hayes does not challenge the district

court’s denial of injunctive relief. He appeals only the portion of the district court’s

order sua sponte reopening the dispositive motion deadline. We lack jurisdiction to

review Hayes’s interlocutory appeal of a non-final “scheduling and case

management order.” Van Dusen v. Swift Transp. Co., 830 F.3d 893, 897 (9th Cir.

2016).

The motion (Docket Entry No. 12) to reset the briefing schedule is denied as

unnecessary.

DISMISSED.

2 25-7445