Shingle Springs Band of Miwok v. Cesar Caballero ( 2011 )

FILED
NOT FOR PUBLICATION MAR 28 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
SHINGLE SPRINGS BAND OF MIWOK No. 10-17329
INDIANS,
D.C. No. 2:08-cv-03133-JAM-
Plaintiff - Appellee, DAD
v.
MEMORANDUM *
CESAR CABALLERO,
Defendant - Appellant.
Appeal from the United States District Court
for the Eastern District of California
John A. Mendez, District Judge, Presiding
Submitted March 8, 2011 **
Before: FARRIS, LEAVY and BYBEE, Circuit Judges.
Cesar Caballero appeals the district court’s grant of a request for preliminary
injunctive relief against him. We have jurisdiction under 28 U.S.C. § 1292(a)(1),
and we affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Our sole inquiry is whether the district court abused its discretion in granting
preliminary injunctive relief. The Lands Council v. McNair, 537 F.3d 981, 986
(9th Cir. 2008); see Winter v. Natural Resources Defense Council, 129 S. Ct. 365,
374 (2008) (listing factors for district court to consider); Sports Form, Inc.,
686 F.2d 750, 752-53 (9th Cir. 1982) (explaining limited scope of review). We
conclude the district court did not abuse its discretion. Accordingly, we affirm the
district court’s order granting the preliminary injunction.
AFFIRMED.
2 10-17329