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RODRIGUEZ v. CAIN (2021)

United States Court of Appeals, Ninth Circuit.2021-04-28No. No. 20-36006

Summary

Holding. The court affirmed the district court's denial of Rodriguez's third motion for a preliminary injunction because Rodriguez failed to demonstrate a likelihood of irreparable harm and because his motion included allegations against a party not named in the lawsuit.

Jonathan Jason Rodriguez, an Oregon state prisoner, sought a preliminary injunction in a civil rights lawsuit under 42 U.S.C. § 1983 against defendants he identified as Cain and others. This was his third such motion. The district court rejected the request, and Rodriguez appealed on his own behalf. The appellate court reviewed the lower court's decision for abuse of discretion and found none warranting reversal.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether Rodriguez demonstrated sufficient likelihood of irreparable harm to warrant preliminary injunctive relief
  • Whether a preliminary injunction motion may include allegations against nonparty defendants
  • Standard of review for denial of preliminary injunctions

Procedural posture

Rodriguez appealed pro se from a district court order denying his third motion for a preliminary injunction in a § 1983 constitutional claims action.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

MEMORANDUM **

Oregon state prisoner Jonathan Jason Rodriguez appeals pro se from the district courts order denying his third motion for a preliminary injunction in his 42 U.S.C. § 1983 action alleging various constitutional claims. We have jurisdiction under 28 U.S.C. § 1292(a)(1). We review for an abuse of discretion. Jackson v. City & County of San Francisco, 746 F.3d 953, 958 (9th Cir. 2014). We affirm.

The district court did not abuse its discretion by denying Rodriguezs third motion for a preliminary injunction because Rodriguez 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”; “[s]peculative injury does not constitute irreparable injury sufficient” to obtain a preliminary injunction (alteration in original, citation and internal quotation marks omitted)). In addition, Rodriguezs third motion for a preliminary injunction contained allegations concerning a nonparty officer. See Zepeda v. U.S. INS, 753 F.2d 719, 727 (9th Cir. 1983) (explaining that the scope of an injunction is limited to the parties in the action).

Rodriguezs motion for an injunction, set forth in the opening brief, is denied.

AFFIRMED.