Robert P. Smith, III v. James H. Gomez

89 F.3d 846 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Robert P. SMITH, III, Plaintiff-Appellant, v. James H. GOMEZ, Defendant-Appellee. No. 95-15773. United States Court of Appeals, Ninth Circuit. Submitted April 30, 1996. * Decided May 3, 1996. Before: BROWNING, REINHARDT, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Robert P. Smith, III, a California state prisoner, appeals pro se the district court's denial of his motion for preliminary injunction and refusal to award sanctions pursuant to Fed.R.Civ.P. 11. We have jurisdiction pursuant to 28 U.S.C. § 1292 (a)(1). We affirm in part and dismiss in part. 3 We review a district court's denial of a preliminary injunction for abuse of discretion. Oakland Tribune, Inc. v. Chronicle Pub. Co., 762 F.2d 1374 , 1376 (9th Cir.1985). To be granted a preliminary injunction, the "plaintiff must demonstrate that there exists a significant threat of irreparable injury." Id. (citations omitted). 4 Here, Smith argued that…