Maurice S. Thompson v. Jiro J. Enomoto, Director, California Department of Corrections

This appeal from an interlocutory order of the district court appointing a special master to monitor compliance with a consent decree comes to a motions panel, pursuant to action of the Conference Attorney who requested that the parties brief the issue of jurisdiction. We find the order to be nonappealable and dismiss the appeal, sua sponte, for lack of jurisdiction.

FACTS

Maurice Thompson and other “death row” inmates (“inmates”) in the California State Prison at San Quentin commenced this civil rights action on July 6, 1979 against the State Director of Corrections and the Prison Warden (collectively referred to as the “Warden”) complaining of prison conditions and treatment and alleging, inter alia, violation of the eighth and fourteenth amendments of the Constitution of the United States, and article I, sections 7 and 17 of the Constitution of the State of California.

On October 23, 1980 the parties stipulated to a consent decree in the district court. The decree ordered the Warden to implement various changes in classification procedures and daily routines in San Quentin’s North Segregation unit. The decree set forth minimum requirements for housing and treatment of…