BRADWAY v. RAO (2021)

MEMORANDUM **

California state prisoner Gabriel John Bradway appeals pro se from the district court's order denying his motion for a temporary restraining order (“TRO”) in his 42 U.S.C. § 1983 action alleging deliberate indifference to his serious medical needs. Our jurisdiction over interlocutory appeals is governed by 28 U.S.C. § 1292. Because the district court's denial of Bradway's motion for a TRO is not an appealable interlocutory order, we dismiss the appeal for lack jurisdiction.

We lack jurisdiction over the district court's order denying Bradway's motion for a TRO because it did not amount to the denial of a preliminary injunction. Religious Tech. Ctr., Church of Scientology Int'l, Inc. v. Scott, 869 F.2d 1306, 1308 (explaining that an appeal ordinarily “does not lie from the denial of an application for a temporary restraining order” because such appeals are considered “premature,” and that a district court's order denying an application for a TRO is reviewable on appeal only if the order is tantamount to the denial of a preliminary injunction).

We do not consider Bradway's contention that the district court erred by overruling his untimely objections to the magistrate judge's findings and recommendation because it is not reviewable by this court in an interlocutory appeal.

DISMISSED.