FILED
NOT FOR PUBLICATION OCT 22 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ROBERT ROSEBROCK, No. 10-56132
Plaintiff - Appellant, D.C. No. 2:10-cv-01878-SJO-SS
v.
MEMORANDUM *
RONALD MATHIS, Chief of Police of
The Veterans Administration Greater Los
Angeles Healthcare System, in his official
capacity and DONNA BEITER, Director
of The Veterans Administration Greater
Los Angeles Healthcare System, in her
official capacity,
Defendants - Appellees.
Appeal from the United States District Court
for the Central District of California
S. James Otero, District Judge, Presiding
Submitted October 19, 2010 **
San Francisco, California
Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Robert Rosebrock appeals the district court’s denial of his request for
preliminary injunctive relief against Veterans Administration officials in his action
alleging viewpoint discrimination in violation of the First Amendment. We have
jurisdiction under 28 U.S.C. § 1292(a)(1), and we affirm.
We express no view on the merits of the complaint. Our sole inquiry is
whether the district court abused its discretion in denying preliminary injunctive
relief. The Lands Council v. McNair, 537 F.3d 981, 986 (9th Cir. 2008); see
Winter v. Natural Resources Defense Council, 129 S. Ct. 365, 374 (2008) (listing
factors for district court to consider); Sports Form, Inc. v. United Press Int’l, Inc.,
686 F.2d 750, 752-53 (9th Cir. 1982) (explaining limited scope of review). We
conclude the district court did not abuse its discretion. Accordingly, we affirm the
district court’s order denying the preliminary injunction.
AFFIRMED.
2 10-56132