David Florence v. S. Kernan

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUL 23 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
DAVID FLORENCE, No. 20-15855
Plaintiff-Appellant, D.C. No. 1:19-cv-00331-NONE-
BAM
v.
S. KERNAN, Secretary of CDCR; et al., MEMORANDUM*
Defendants-Appellees.
Appeal from the United States District Court
for the Eastern District of California
Dale A. Drozd, District Judge, Presiding
Submitted July 14, 2020**
Before: CANBY, FRIEDLAND, and R. NELSON, Circuit Judges.
California state prisoner David Florence appeals pro se from the district
court’s interlocutory order denying his motions for a preliminary injunction in his
42 U.S.C. § 1983 action challenging the California Department of Corrections and
Rehabilitation’s policy of requiring certain prison facilities to integrate general
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
population inmates with special needs yard inmates. We have jurisdiction under
28 U.S.C. § 1292(a)(1). We review for abuse of discretion, Towery v. Brewer, 672
F.3d 650, 657 (9th Cir. 2012), and we affirm.
The district court did not abuse its discretion in denying Florence’s motions
for a preliminary injunction because Florence failed to establish that he was likely
to suffer irreparable harm. See Boardman v. Pac. Seafood Grp., 822 F.3d 1011,
1022 (9th Cir. 2016) (explaining that “a plaintiff must demonstrate immediate
threatened injury as a prerequisite to preliminary injunctive relief” among other
factors (citation and internal quotation marks omitted)); see id. (noting that
“[s]peculative injury does not constitute irreparable injury sufficient” to obtain a
preliminary injunction); see also Johnson v. Moore, 948 F.2d 517, 519 (9th Cir.
1991) (determining that a prisoner’s claims for injunctive relief “relating to [a
prison’s] policies are moot” when the prisoner has been moved and “he has
demonstrated no reasonable expectation of returning to [the prison]”).
We do not consider Florence’s objection to the filing fee in this case as it is
outside the scope of this appeal.
AFFIRMED.
2 20-15855