CABALLERO v. D-Q University - California, Board of Trustees, Intervenor-Pending. (2021)

MEMORANDUM **

Cesar Caballero appeals from the district court's order denying his application for a temporary restraining order (“TRO”) in his action to adjudicate his rights to Indian lands and alleging harassment in violation of state law. We have jurisdiction to determine our own jurisdiction. Havensight Capital LLC v. Nike, Inc., 891 F.3d 1167, 1171 (9th Cir. 2018). We dismiss for lack of jurisdiction.

We lack jurisdiction over this interlocutory appeal because the district court's denial of a TRO was not tantamount to the denial of a preliminary injunction and did not effectively decide the merits of the case. See Religious Tech. Ctr., Church of Scientology Int'l, Inc. v. Scott, 869 F.2d 1306, 1308 (9th Cir. 1989) (although ordinarily not appealable, denial of a TRO may be appealed if tantamount to denial of a preliminary injunction; the court considers whether the denial followed a full adversary hearing and whether, absent review, appellant would be effectively foreclosed from pursuing further interlocutory relief); Graham v. Teledyne-Cont'l Motors, 805 F.2d 1386, 1388 (9th Cir. 1986) (denial of TRO may be appealed if it effectively decides the merits of the case).

All pending motions are denied as moot.

DISMISSED.