Dohner

MEMORANDUM **

The California Department of Corrections (“CDC”) appeals the district court’s August 16, 2004 order allegedly granting inmate Alan R. Dohner injunctive relief against CDC. Dohner applied for the order ex parte under the case name and caption of a pending civil lawsuit. The district court granted the order even though Doh-ner had failed to name and to serve CDC as a party to the suit.

We have jurisdiction under § 1292(a)(1) because the order has the “substantial effect” of an injunction notwithstanding that CDC was not a party. Calderon v. U.S. Dist. Court for Cent. Dist. of California, 137 F.3d 1420, 1421-22 (9th Cir.1998). Although not named in the district court order, CDC has standing to appeal because the order confronts CDC with the choice of either conforming to its dictates or ignoring it and risking contempt proceedings. In re Estate of Ferdi *658 nand Marcos Human Rights Litigation, 94 F.3d 539 , 544 (9th Cir.1996).

We note that this appeal may be moot because a preliminary injunction in a civil action with respect to prison conditions automatically expires after 90 days. 18 U.S.C.A. § 3626 (a)(2). However, even if the appeal were moot, we may reach the…