McCoy

McCoy v. Roe

Good Law
234 F. App'x 559
United States Court of Appeals for the Ninth CircuitJune 13, 2007No. 05-56834California337 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Joseph Raymond McCoy interlocutorily appeals the district court’s denial of his motion for preliminary injunction in his action against various state prison and other officials. We have jurisdiction pursuant to 28 U.S.C. § 1292 (a)(1), and we affirm.

McCoy first challenges the district court’s denial of his motion for preliminary injunctive relief, in which McCoy sought transfer to a California Department of Corrections medical facility. We review the denial of a preliminary injunction for abuse of discretion. Harris v. Bd. of Supervisors, Los Angeles County, 366 F.3d 754, 760 (9th Cir.2004). The district court abuses its discretion when it bases its decision on an erroneous legal standard or on clearly erroneous findings of fact. Id.

The denial of the requested relief was not an abuse of discretion. The record supports the determination below that McCoy failed to establish the possibility of irreparable injury if the injunction was not granted. See Save Our Sonoran, Inc. v. Flowers, 408 F.3d 1113, 1120 (9th Cir. 2005).

McCoy also appeals the district court’s denial of his June 22, 2005 motion for reconsideration. That motion sought…

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