FILED
NOT FOR PUBLICATION APR 27 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
CECIL DUDGEON, No. 10-36109
Plaintiff - Appellant, D.C. No. 3:10-cv-05372-RBL-
KLS
v.
KELLY CUNNINGHAM, Superintendent; MEMORANDUM *
et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Western District of Washington
Ronald B. Leighton, District Judge, Presiding
Submitted April 20, 2011 **
Before: RYMER, THOMAS, and PAEZ, Circuit Judges.
Cecil Dudgeon, who is civilly committed as a sexually violent predator to
the Special Commitment Center (“SCC”) pursuant to Wash. Rev. Code 71.09,
appeals pro se the district court’s denial of his request for a preliminary injunction
*
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).
which sought to enjoin SCC officials from censoring Dudgeon’s incoming mail. In
his 42 U.S.C. § 1983 action, Dudgeon alleged that officials violated his First
Amendment and due process rights by confiscating a calendar which contained
photographs of his family.
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 10-36109