Background
Idaho state prisoner Michael Theron Hayes filed a pro se action under 42 U.S.C. Section 1983. He appealed from a district court order that denied his motion for preliminary injunctive relief and sua sponte modified the scheduling order to reopen the dispositive motion deadline.
The court’s reasoning
The court noted that while it has jurisdiction under 28 U.S.C. Section 1292(a)(1) to review interlocutory orders denying injunctions, Hayes did not challenge the denial of injunctive relief. He appealed only the portion of the order reopening the dispositive motion deadline. The court determined it lacked jurisdiction to review this interlocutory appeal of a non-final scheduling and case management order, citing Van Dusen v. Swift Transp. Co.
What it means going forward
The appeal was dismissed, leaving the district court’s scheduling order in place and the dispositive motion deadline as originally set.
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