Kevin Kennedy v. Shelly Williams

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
KEVIN KENNEDY,
Plaintiff-Appellant,
v.
SHELLY WILLIAMS; BARBARA
CEGAVSKE; WILLIAM GITTERE,
Warden; TIMOTHY FILSON; HOMAN;
DUGGAN; MINGO; CALVIN JOHNSON;
MUREDA,
Defendants-Appellees.
No. 22-15465
D.C. No. 2:21-cv-01358-RFB-DJA
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Richard F. Boulware II, District Judge, Presiding
Submitted June 26, 2023**
Before: CANBY, S.R. THOMAS, and CHRISTEN, Circuit Judges.
Nevada state prisoner Kevin Kennedy appeals pro se from the district court’s
order denying his motions for a preliminary injunction in his 42 U.S.C. § 1983
* 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).
FILED
JUL 11 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 22-15465
action alleging various constitutional claims. 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 in denying Kennedy’s request
for preliminary injunctive relief related to his access-to-courts claim because
Kennedy failed to establish that he is likely to succeed on the merits of his claim.
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); see also Lewis v. Casey, 518 U.S. 343, 349-53 (1996)
(elements of an access-to-courts claim and actual injury requirement); Hebbe v.
Pliler, 627 F.3d 338, 341-42 (9th Cir. 2010) (although pro se pleadings are
construed liberally, a plaintiff must present factual allegations sufficient to state a
plausible claim for relief).
All pending motions and requests are denied.
AFFIRMED.

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