Muldoon

1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 EARTH ISLAND INSTITUTE, a non- CASE NO. 1:22-CV-00710-AWI-EPG profit corporation, 9 Plaintiff, ORDER RE: PLAINTIFF’S REQUEST 10 FOR INJUNCTION PENDING APPEAL v. 11 CICELY MULDOON, in her official (Doc. No. 74) 12 capacity as Superintendent of Yosemite National Park; UNITED STATES PARK 13 SERVICE, an agency of the United States Department of the Interior; UNITED 14 STATES DEPARTMENT OF THE

INTERIOR,

15 Defendants 16

17 18 I. FACTUAL BACKGROUND 19 Plaintiff filed a request for preliminary injunction (Doc. No. 22) which Defendants 20 opposed (Doc. No. 38). This Court denied the motion; the relevant facts of this case are set out in 21 that order. Doc. No. 71. Plaintiff appealed the denial to the Ninth Circuit. Doc. No. 72. Plaintiff 22 then filed this motion seeking an injunction pending appeal. Doc. No. 74. Of note, Plaintiff is 23 requesting a stay based on a further narrowed request to enjoin the thinning of trees in the Merced 24 Grove only. Doc. No. 78 at 22. Plaintiff…