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WOOD v. WASHBURN EOCI (2021)

United States Court of Appeals, Ninth Circuit.2021-01-29No. No. 20-35892

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Opinion

MEMORANDUM ***

Oregon state prisoner Lance Conway Wood appeals pro se from the district courts order denying his motion for a preliminary injunction in his action in his 42 U.S.C. § 1983 action alleging retaliation and due process violations. 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 in denying Woods motion for a preliminary injunction because Wood 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 “[s]peculative injury does not constitute irreparable injury sufficient [to obtain a preliminary injunction]”).

We reject as without merit Woods contention that the district court was required to hold an evidentiary hearing regarding Woods motion for a preliminary injunction.

AFFIRMED.