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McGary v. Cunningham

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Feb 19, 2014
No. 13-35882 (9th Cir. Feb. 19, 2014)

Opinion

No. 13-35882 D.C. No. 3:13-cv-05130-RBL-JRC

02-19-2014

DARNELL OTIS MCGARY, Plaintiff - Appellant, v. KELLY CUNNINGHAM, Superintendent; et al., Defendants - Appellees.


NOT FOR PUBLICATION


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Appeal from the United States District Court

for the Western District of Washington

Ronald B. Leighton, District Judge, Presiding

Before: LEAVY, TASHIMA and GRABER, Circuit Judges.

Darnell Otis McGary 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.

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).

Appellees' request to stay this appeal pending the outcome of McGary's criminal charges is denied.
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AFFIRMED.


Summaries of

McGary v. Cunningham

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Feb 19, 2014
No. 13-35882 (9th Cir. Feb. 19, 2014)
Case details for

McGary v. Cunningham

Case Details

Full title:DARNELL OTIS MCGARY, Plaintiff - Appellant, v. KELLY CUNNINGHAM…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Feb 19, 2014

Citations

No. 13-35882 (9th Cir. Feb. 19, 2014)