Bryan

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 UNITED STATES OF AMERICA, No. 2:22-cv-01962-DJC-AC Plaintiff, v. ORDER MARK LINN BRYAN et al., Defendants. 15 Defendant Mark Linn Bryan has moved for leave to appeal this Court’s Order denying his Amended Motion to Dismiss. (Mot. Interlocutory Appeal (ECF No. 166); see also Order (ECF No. 165).) Generally, a party may appeal only after final judgment. Romoland Sch. Dist. v. Inland Empire Energy Ctr., 548 F.3d 738, 747 (9th Cir. 2008). In narrow circumstances, however, a district court has authority to certify a question for interlocutory appeal before final judgment. See 28 U.S.C. § 1292(b); Couch v. Telescope, Inc., 611 F.3d 629, 633 (9th Cir. 2010). The party seeking certification of an interlocutory appeal bears the burden of establishing three elements: (1) the order involves a controlling question of law, (2) there is substantial ground for differences of opinion as to the question for which certification is sought, 26 …