Hubard

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY PENTON, No. 2:11-cv-0518 TLN KJN P Plaintiff, v. FINDINGS AND RECOMMENDATIONS L. JOHNSON, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding through counsel. Plaintiff’s motion to certify defendant’s interlocutory appeal as frivolous is before the court. As set forth below, the undersigned recommends that plaintiff’s motion be granted. Governing Standards Under 28 U.S.C. § 1291, “circuit courts generally lack jurisdiction to hear interlocutory appeals from the denial of summary judgement.” Centeno v. City of Fresno, 2018 WL 1305764, at *1 (E.D. Cal. Mar. 13, 2018). But if the movant was denied summary judgement on qualified immunity grounds, there is an exception. Isayeva v. Sacramento Sheriff’s Dep’t, 872 F.3d 938, 944 (9th Cir. 2017) (citation omitted). Such exception exists because qualified immunity is “an immunity from suit rather than a mere defense to liability; and like…