(PC) Fields v. Macomber

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARCUS BRENT FIELDS, No. 2:23-cv-2488-DAD-CKD P 12 Plaintiff, 13 v. ORDER 14 J. MACOMBER, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding without counsel in a civil rights action filed 18 pursuant to 42 U.S.C. § 1983. Plaintiff’s amended complaint was dismissed without leave to 19 amend and judgment entered on November 18, 2024. Plaintiff filed a notice of appeal along with 20 a request that the court appoint counsel to represent him on appeal. ECF No. 25. The filing of a 21 notice of appeal divests this court of jurisdiction over the matter being appealed. See Griggs v. 22 Provident Consumer Discount Co., 459 U.S. 56, 58 (1982) (per curiam). Therefore, plaintiff’s 23 motion for the appointment of counsel is denied without prejudice to filing in the Ninth Circuit 24 Court of Appeals. 25 Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for the appointment of 26 counsel (ECF No. 25) is denied without prejudice to filing in the Ninth Circuit Court of Appeals. 27 ///// 28 ///// 1 || Dated: December 9, 2024 ( “oid ft | / L, la a, 2 CAROLYNK.DELANEY 3 UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 10 || Tfiel2488.31.new(2) 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28