Shingle Springs Band of Miwok v. Cesar Caballero

FILED

NOT FOR PUBLICATION MAR 28 2011

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

SHINGLE SPRINGS BAND OF MIWOK No. 10-17329

INDIANS,

D.C. No. 2:08-cv-03133-JAM- Plaintiff - Appellee, DAD

v.

MEMORANDUM *

CESAR CABALLERO,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of California John A. Mendez, District Judge, Presiding

Submitted March 8, 2011 **

Before: FARRIS, LEAVY and BYBEE, Circuit Judges.

Cesar Caballero appeals the district court’s grant of a request for preliminary

injunctive relief against him. We have jurisdiction under 28 U.S.C. § 1292(a)(1),

and we affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Our sole inquiry is whether the district court abused its discretion in granting

preliminary injunctive relief. The Lands Council v. McNair, 537 F.3d 981, 986

(9th Cir.…