Ralph Fourmont v. Sergeant Warneka

995 F.2d 231 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ralph FOURMONT, Plaintiff-Appellee, v. Sergeant WARNEKA, Defendant-Appellant. No. 92-36599. United States Court of Appeals, Ninth Circuit. Submitted May 25, 1993. * Decided June 4, 1993. Before: HUG, WIGGINS and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 The government appeals the district court's preliminary injunction enjoining defendant Sergeant Fred Warneka, or anyone in his official capacity as supervisor of the Washington State Penitentiary Mail Room, from inspecting readily identifiable legal mail outside the presence of prison inmates. The government contends the district court abused its discretion by granting plaintiff Ralph R. Fourmont's motion for preliminary injunction. We have jurisdiction pursuant to 28 U.S.C. § 1292 . We affirm. 3 Our review of a district court's grant of preliminary injunction is very limited. Diamontiney v. Borg, 918 F.2d 793, 795 (9th Cir.1990). We will reverse a grant of…