Marion Franklyn Miller, Jr. v. Robert G. Borg John Dupue Ed Alameda Sgt. O'Brian D. R. Jude Dr. Milliman Giatonde

73 F.3d 369 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Marion Franklyn MILLER, Jr., Plaintiff-Appellant, v. Robert G. BORG; John Dupue; Ed Alameda; Sgt. O'Brian; D. R. Jude; Dr. Milliman; Giatonde; Defendants-Appellees. No. 94-17204. United States Court of Appeals, Ninth Circuit. Submitted Dec. 19, 1995. * Decided Dec. 27, 1995. Before: SNEED, TROTT, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Marion Franklyn Miller, Jr., a California state prisoner, appeals pro se the district court's denial of his motions for preliminary injunction and for appointment of counsel. We dismiss Miller's appeal for lack of jurisdiction. 3 Miller contends that the district court abused its discretion by denying his request for a preliminary injunction because Miller failed to establish a threat of irreparable injury. Miller requested a preliminary injunction prohibiting defendant prison officials from transferring his former co-plaintiff, Steven Derrick Irvin, to another institution…