Colvin McCright Jr. v. Michael Santoki R.G. Borg

Colvin McCright, Jr. (“McCright”) appeals pro se the district court’s order denying his motion for Rule 11 sanctions against opposing counsel. Because the underlying action has not yet come to judgment, we dismiss the appeal for lack of jurisdiction.

Background

During the pre-trial phase of a 42 U.S.C. § 1988 suit challenging his transfer from San Quentin to New Folsom prison, McCright moved the district court for a preliminary injunction and for Rule 11 sanctions against opposing counsel. McCright sought the preliminary injunction to protect himself against alleged retaliatory measures taken by prison officials in response to his § 1983 suit. Specifically, McCright asserts that prison officials responded to his suit by, among other things, keeping him in Administrative Segregation, placing him in a double cell with a dangerous cellmate who attacked him, and denying him access to the prison law library. McCright’s motion for Rule 11 sanctions asserted that the prison’s lawyers filed a frivolous motion to dismiss his action and misrepresented facts in opposing his motion for a preliminary injunction.

The district court denied the requested preliminary injunction and the motion…