Keenan Wilkins v. Barber ( 2021 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUN 30 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
KEENAN G. WILKINS, AKA Nerrah No. 21-15361
Brown,
D.C. No. 2:19-cv-01338-WBS-KJN
Plaintiff-Appellant,
v. MEMORANDUM*
BARBER, Dr.; et al.,
Defendants-Appellees,
and
CHRISTINE ESCOBAR; SPECIAL
APPEARANCE,
Defendants.
Appeal from the United States District Court
for the Eastern District of California
William B. Shubb, District Judge, Presiding
Submitted June 21, 2021**
Before: SILVERMAN, WATFORD, and BENNETT, Circuit Judges.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
California state prisoner Keenan G. Wilkins appeals pro se from the district
court’s order denying his motion for a preliminary injunction in his 42 U.S.C.
§ 1983 action alleging deliberate indifference to his serious medical needs. We
have jurisdiction under 28 U.S.C. § 1292(a)(1). We review for an abuse of
discretion. Jackson v. City & County of San Francisco, 746 F.3d 953, 958 (9th
Cir. 2014). We affirm.
The district court did not abuse its discretion by denying Wilkins’s motion
for a preliminary injunction because Wilkins failed to demonstrate that such relief
is warranted. See id. (plaintiff seeking preliminary injunction must establish that
he is likely to succeed on the merits, he is likely to suffer irreparable harm in the
absence of preliminary relief, the balance of equities tips in his favor, and an
injunction is in the public interest).
Wilkins’s motions for judicial notice (Docket Entry Nos. 7 and 15) are
denied.
AFFIRMED.
2 21-15361