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Daniels v. Comunity Lending, Inc.

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 23, 2015
621 F. App'x 427 (9th Cir. 2015)

Opinion

No. 15-55794

10-23-2015

ELLINGTON DANIELS; DIANE DANIELS, Plaintiffs - Appellants, v. COMUNITY LENDING, INC.; et al., Defendants - Appellees.


NOT FOR PUBLICATION

D.C. No. 3:13-cv-00488-WQH-JMA MEMORANDUM Appeal from the United States District Court for the Southern District of California
William Q. Hayes, District Judge, Presiding
Before: SILVERMAN, BERZON, and WATFORD, Circuit Judges.

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

Ellington and Diane Daniels appeal pro se from the district court's order denying their motion for a preliminary injunction. We have jurisdiction under 28 U.S.C. § 1292(a)(1). We review for an abuse of discretion. Flexible Lifeline Sys., Inc. v. Precision Lift, Inc., 654 F.3d 989, 993-94 (9th Cir. 2011) (per curiam). We affirm.

The district court did not abuse its discretion by denying plaintiffs' motion for a preliminary injunction after dismissing their Fourth Amended Complaint and concluding that plaintiffs had failed to establish a likelihood of success on the merits with regard to any claim that could affect the validity of the foreclosure. See id. at 994 (setting forth factors necessary to obtain a preliminary injunction); see also Global Horizons, Inc. v. U.S. Dep't of Labor, 510 F.3d 1054, 1058 (9th Cir. 2007) ("Once a court determines a complete lack of probability of success or serious questions going to the merits, its analysis may end, and no further findings are necessary.").

The district court did not abuse its discretion by denying plaintiffs' motion for reconsideration under Federal Rule of Civil Procedure 60(a) or 60(b) because plaintiffs failed to establish grounds for such relief. See Garamendi v. Henin, 683 F.3d 1069, 1077-80 (9th Cir. 2012) (setting forth standard of review and factors warranting reconsideration under Rule 60(a)); Am. Ironworks & Erectors Inc. v. N. Am. Constr. Corp., 248 F.3d 892, 899 (9th Cir. 2001) (setting forth standard of review and factors warranting reconsideration under Rule 60(b), and holding that the district court did not abuse its discretion by denying a Rule 60(b) motion where movants reiterated arguments raised previously and did not present any basis to vacate the challenged order).

To the extent that plaintiffs challenge any other orders, we lack jurisdiction to consider them. See 28 U.S.C. § 1292(a)(1) (the Court of Appeals has jurisdiction to review an interlocutory denial of injunctive relief); see also 28 U.S.C. § 1291 (generally, the Court of Appeals only has jurisdiction over appeals from final decisions of the district court); Chacon v. Babcock, 640 F.2d 221, 222 (9th Cir. 1981) (an order is not appealable unless it disposes of all claims as to all parties or judgment is entered in compliance with rule).

We do not consider arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009) (per curiam).

AFFIRMED.


Summaries of

Daniels v. Comunity Lending, Inc.

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 23, 2015
621 F. App'x 427 (9th Cir. 2015)
Case details for

Daniels v. Comunity Lending, Inc.

Case Details

Full title:ELLINGTON DANIELS; DIANE DANIELS, Plaintiffs - Appellants, v. COMUNITY…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Oct 23, 2015

Citations

621 F. App'x 427 (9th Cir. 2015)

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