FILED

NOT FOR PUBLICATION MAR 18 2010

MOLLY C. DWYER, CLERK

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

FOR THE NINTH CIRCUIT

DAVID PUTZER, No. 09-17335

Plaintiff - Appellant, D.C. No. 3:07-cv-00620-LRH-

VPC

v.

JAMES DONNELLY; et al., MEMORANDUM *

Defendants - Appellees.

Appeal from the United States District Court for the District of Nevada Larry R. Hicks, District Judge, Presiding

Submitted March 16, 2010 ** San Francisco, California

Before: SCHROEDER, PREGERSON and RAWLINSON, Circuit Judges.

David Putzer, a Nevada state inmate, appeals pro se the district court’s

denial of his request for preliminary injunctive relief against appellee prison

* 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). MVD/Inventory officials. Putzer seeks permission to attend a religious candle-lighting ceremony

held at the prison. We have jurisdiction under 28 U.S.C. § 1292(a)(1), and we

affirm.

We express no view on the merits of the underlying complaint. Our sole

inquiry is whether the district court abused its discretion in denying preliminary

injunctive relief. The Lands Council v. McNair, 537 F.3d 981, 986 (9th Cir. 2008);

see Winter v. Natural Resources Defense Council, 129 S. Ct. 365, 374 (2008)

(listing factors for district court to consider); Sports Form, Inc., 686 F.2d 750, 752-

53 (9th Cir. 1982) (explaining limited scope of review) We conclude the district

court did not abuse its discretion. Accordingly, we affirm the district court’s order

denying the preliminary injunction.

AFFIRMED.

MVD/Inventory 2 09-17335