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United States Court of Appeals, Ninth Circuit.

Jerry Kent DILLINGHAM, Plaintiff-Appellant, v. J. GARCIA; et al., Defendants-Appellees.

No. 20-17269

Decided: February 23, 2021

Before: FERNANDEZ, BYBEE, and BADE, Circuit Judges. Jerry Kent Dillingham, Pro Se


California state prisoner Jerry Kent Dillingham appeals pro se from the district court's order denying his motions for a temporary restraining order (“TRO”) in his 42 U.S.C. § 1983 action alleging various constitutional claims. Our jurisdiction over interlocutory appeals is governed by 28 U.S.C. § 1292. Because the district court's denial of Dillingham's motions for a TRO are not appealable interlocutory orders, we dismiss the appeal for lack jurisdiction.

An appeal ordinarily “does not lie from the denial of an application for a temporary restraining order” because such appeals are considered “premature.” Religious Tech. Ctr., Church of Scientology Int'l, Inc. v. Scott, 869 F.2d 1306, 1308 (9th Cir. 1989). 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. See id. Because the district court's order did not amount to the denial of a preliminary injunction, we do not have jurisdiction.

Dillingham's motion to appoint counsel (Docket Entry No. 7) is denied.


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