Hasan Carter v. Christine Gregoire

FILED
NOT FOR PUBLICATION JAN 20 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
HASAN CARTER, by his guardian, No. 09-35755
Yasmean Stewart; et al.,
D.C. No. 3:09-cv-05393-BHS
Plaintiffs - Appellants,
v. MEMORANDUM *
CHRISTINE GREGOIRE, in her official
capacity as Governor of the State of
Washington; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Western District of Washington
Benjamin H. Settle, District Judge, Presiding
Submitted January 19, 2010 **
Before: SILVERMAN, PAEZ 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).
MVD/Inventory
Appellants appeal the district court’s denial of their request for preliminary
injunctive relief against appellee government officials. 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., 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.
Appellants’ opposed motion to supplement the record is denied.
AFFIRMED.
MVD/Inventory 2 09-35755