Michael Smith v. Yates

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT FEB 28 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS MICHAEL LENOIR SMITH, No. 13-16947 Plaintiff - Appellant, D.C. No. 1:07-cv-01547-SRB v. MEMORANDUM* YATES, Warden; et al., Defendants - Appellees. Appeal from the United States District Court for the Eastern District of California Susan R. Bolton, District Judge, Presiding Submitted February 19, 2014** Before: LEAVY, TASHIMA and GRABER, Circuit Judges. Michael Lenoir Smith appeals pro se the district court’s denial of his request for preliminary injunctive relief against defendant prison officials. 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 denying preliminary injunctive relief, and we conclude the district court did not abuse its discretion. Winter v. Natural Res. Def. Council Inc., 555 U.S. 7, 24 (2008) (listing factors for district court to consider); Sports Form, Inc. v. United Press Int’l, 686 F.2d 750, 752-53 (9th Cir. 1982) (explaining limited scope of review). AFFIRMED. 2