Holland

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOAQUIN MURILLO, No. 1:15-cv-0266-DC-SCR Plaintiff, v. ORDER K. HOLLAND, et al., Defendants. 16 Plaintiff is a state prisoner proceeding without counsel in this civil rights action filed pursuant to 42 U.S.C. § 1983. Plaintiff filed a motion for a bench trial and/or a settlement conference in this case along with a request for the appointment of counsel. ECF No. 163. Before the court could rule on plaintiff’s pending motion, defendants Holland and Gutierrez filed a notice of appeal of the court’s December 5, 2024 order denying them qualified immunity. ECF No. 164. Based on the pending appeal, defendants filed an opposition to plaintiff’s motion for a trial and/or settlement conference. ECF No. 167. The filing of defendants’ notice of appeal automatically divests the court of jurisdiction to proceed to trial on the issues subsumed within the appeal. See Griggs v. Provident Consumer Discount Co., 459 U.S. 56,…