Maria Del Rosario Corona v. Mike Knowles

MEMORANDUM

Plaintiff, an inmate at Kern Valley State Prison (“KVSP”), brought this action under 42 U.S.C. § 1983 against the KVSP warden and others alleging that defendants violated (1) his Fourteenth Amend ment right to equal protection by placing him in lockdown based on a racial classification, (2) his Fourteenth Amendment right to due process by placing him in lockdown without an individualized hearing, and (3) his Eighth Amendment right to engage in reasonable exercise. The district court granted defendants’ motion to dismiss plaintiffs Fourteenth Amendment claims but allowed the Eighth Amendment claim to proceed. Pursuant to 28 U.S.C. § 1292 (a)(1), plaintiff now brings an interlocutory appeal. We conclude that, under the circumstances, § 1292(a)(1) does not confer appellate jurisdiction, and we therefore dismiss the appeal.

Section 1292(a)(1) authorizes an interlocutory appeal from an order “granting, continuing, modifying, refusing or dissolving” an injunction. 28 U.S.C. § 1292 (a)(1). In Carson v. American Brands, Inc., 450 U.S. 79, 84 , 101 S.Ct. 993 , 67 L.Ed.2d 59 (1981), the Supreme Court held that for an interlocutory order to be immediately appeal-able under §…