Darnell Otis McGary v. KELLY CUNNINGHAM, Superintendent;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DARNELL OTIS MCGARY,
Plaintiff - Appellant,
v.
KELLY CUNNINGHAM, Superintendent;
et al.,
Defendants - Appellees.
No. 13-35882
D.C. No. 3:13-cv-05130-RBL-JRC
MEMORANDUM*
Appeal from the United States District Court
for the Western District of Washington
Ronald B. Leighton, District Judge, Presiding
Submitted February 19, 2014**
Before: LEAVY, TASHIMA and GRABER, Circuit Judges.
Darnell Otis McGary appeals pro se the district court’s denial of his request
for preliminary injunctive relief against defendant prison officials. We have
jurisdiction under 28 U.S.C. § 1292(a)(1), and we affirm.
FILED
FEB 28 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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Our sole inquiry is whether the district court abused its discretion in denying
preliminary injunctive relief, and we conclude the district court did not abuse its
discretion. Winter v. Natural Res. Def. Council Inc., 555 U.S. 7, 24 (2008) (listing
factors for district court to consider); Sports Form, Inc. v. United Press Int’l, 686
F.2d 750, 752-53 (9th Cir. 1982) (explaining limited scope of review).1
AFFIRMED.
1Appellees’ request to stay this appeal pending the outcome of McGary’s
criminal charges is denied.
2

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