Shingle Springs Band of Miwok v. Cesar Caballero

FILED NOT FOR PUBLICATION MAR 28 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT SHINGLE SPRINGS BAND OF MIWOK No. 10-17329 INDIANS, D.C. No. 2:08-cv-03133-JAM- Plaintiff - Appellee, DAD v. MEMORANDUM * CESAR CABALLERO, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of California John A. Mendez, District Judge, Presiding Submitted March 8, 2011 ** Before: FARRIS, LEAVY and BYBEE, Circuit Judges. Cesar Caballero appeals the district court’s grant of a request for preliminary injunctive relief against him. We have jurisdiction under 28 U.S.C. § 1292(a)(1), and we affirm. * 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). Our sole inquiry is whether the district court abused its discretion in granting 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., 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 granting the preliminary injunction. AFFIRMED. 2 10-17329