Frank R. Lapena v. Vernon Kissel, Correctional Officer Eldon K. McDaniel Warden Does I Through Xx

54 F.3d 785 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Frank R. LaPENA, Plaintiff-Appellant, v. Vernon KISSEL, Correctional Officer; Eldon K. McDaniel, Warden; Does I through XX, Defendants-Appellees. No. 94-16079. United States Court of Appeals, Ninth Circuit. Submitted May 16, 1995. * Decided May 22, 1995. Before: WALLACE, Chief Judge, HUG, and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Frank LaPena, a Nevada state prisoner, appeals pro se the district court's denial of his motion for a preliminary injunction for failure to demonstrate irreparable harm. LaPena alleges that prison guards are violating his Eighth Amendment rights by smoking in the prison law library when he is performing his voluntary work assignment and that prison officials are violating his Eighth Amendment rights by permitting smoking in the library in violation of the prison's no-smoking policy. LaPena alleges irreparable harm from these violations and sought a preliminary injunction. We have…