Frank E. Sisneroz v. Bill Whitman;

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).
JK/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
FRANK E. SISNEROZ,
Plaintiff - Appellant,
v.
BILL WHITMAN; et al.,
Defendants - Appellees.
No. 08-17634
D.C. No. 1:01-cv-05058-AWI-
TAG
MEMORANDUM *
Appeal from the United States District Court
for the Eastern District of California
Anthony W. Ishii, Chief District Judge, Presiding
Submitted March 16, 2010**
Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.
Frank E. Sisneroz, a California civil detainee, appeals pro se from the district
court’s order denying his request for injunctive relief in connection with the
FILED
MAR 30 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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JK/Research 08-17634 2
conditions of confinement at Tulare County Jail. We have jurisdiction under 28
U.S.C. § 1291. We review for an abuse of discretion. Theme Promotions, Inc. v.
News Am. Mktg. FSI, 546 F.3d 991, 1000 (9th Cir. 2008). We affirm.
The district court did not abuse its discretion by denying injunctive relief
because Sisneroz failed to allege facts demonstrating a likelihood of substantial
and immediate irreparable injury, despite receiving instruction on how to meet the
requirements and being given two opportunities to do so. See Gomez v. Vernon,
255 F.3d 1118, 1128 (9th Cir. 2001) (“In general, injunctive relief is to be used
sparingly, and only in a clear and plain case.”) (citation and internal quotation
marks omitted).
Sisneroz’s remaining contentions are unpersuasive.
Sisneroz’s request for judicial notice of his indigency is denied as
unnecessary.
AFFIRMED.

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