(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 18 Plaintiff is a state prisoner proceeding without counsel in a civil rights action under 42 19 U.S.C. § 1983. Plaintiff’s amended complaint was dismissed without leave to amend and 20 judgment was entered on November 18, 2024. Plaintiff filed a notice of appeal along with 21 a request that the court appoint counsel to represent him on appeal. (ECF No. 25.) Plaintiff then 22 filed a further notice of appeal as to the denial of the request to appoint counsel and a further 23 request to appoint counsel. (ECF No. 30.) 24 The filing of a notice of appeal divests this court of jurisdiction over the matter being 25 appealed. See Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 58 (1982) (per curiam). 26 Plaintiff’s further motion for the appointment of counsel is denied without prejudice to filing in 27 the Ninth Circuit Court of Appeals. 28 //// ] For the reasons set forth above, IT IS HEREBY ORDERED that plaintiffs motion for the 2 | appointment of counsel (ECF No. 30) is denied without prejudice to filing in the Ninth Circuit 3 || Court of Appeals. 4 | Dated: January 2, 2025 Card Kt | i, 4 Ly la 4 5 CAROLYN K DELANEY? 6 UNITED STATES MAGISTRATE JUDGE 7 8 || 8, fiel2488.31.new@) 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28