Lance Wood v. Keith Yordy

FILED
NOT FOR PUBLICATION DEC 14 2009
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
LANCE CONWAY WOOD, No. 09-35594
Plaintiff - Appellant, D.C. No. 1:07-cv-00350-EJL
v.
MEMORANDUM *
KEITH YORDY, Ex-Deputy Warden at
Idaho State Correctional Institution (ISCI;
et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the District of Idaho
Edward J. Lodge, District Judge, Presiding
Submitted November 17, 2009 **
Before: ALARCÓN, TROTT and TASHIMA, Circuit Judges.
Idaho state prisoner Lance Wood appeals pro se from the district court’s
order denying his motion for a preliminary injunction in his 42 U.S.C. § 1983
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).
HL/Inventory
action alleging that prison officials retaliated against him for exercising his right to
access the courts. 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). We conclude the district court did not abuse its
discretion. Accordingly, we affirm the district court's order denying the preliminary
injunction.
AFFIRMED.
HL/Inventory