Opinion
No. 58894.
11-16-2012
Percy Lavae BACON, Appellant, v. Robert B. BANNISTER ; Cheryl Burson; Brian Connett; James Cox; Rene Galvan; Tanya Hill ; J. Navarrete; Nevada Department of Corrections ; the State of Nevada; Douglas Orr; Howard Skolnick ; Brian Williams; and Bryan Wilson, Respondents.
Percy Lavae Bacon Attorney General/Carson City
Percy Lavae Bacon
Attorney General/Carson City
ORDER OF AFFIRMANCE
This is a proper person appeal from a district court order denying a preliminary injunction in a civil rights action. Eighth Judicial District Court, Clark County; Joanna Kishner, Judge.
Having reviewed appellant's civil proper person appeal statement and the record on appeal, we conclude that the district court did not abuse its discretion in denying the preliminary injunction. Labor Comm'r v. Littlefield, 123 Nev. 35, 39, 153 P.3d 26, 28 (2007) (explaining that this court reviews a district court's grant or denial of a preliminary injunction for an abuse of discretion). In his request for a preliminary injunction, appellant asserted that in his complaint, he had stated colorable constitutional claims for denial of access to the court and for retaliation for filing civil actions. Thus, he asserted that it was likely that prison correctional officers would retaliate against him for filing the instant action, and he therefore requested protection against actions such as manufactured disciplinary reports, unit transfers, room searches, and intimidation. Appellant failed, however, to demonstrate that compensatory relief would be insufficient to remedy any harm that he may suffer in the absence of an injunction. As such, appellant failed to meet his burden of showing that a preliminary injunction was necessary. See id. (explaining that a party requesting a preliminary injunction must show, among other things, that he or she will suffer irreparable harm for which compensatory damages are an inadequate remedy). Accordingly, we
Nothing in appellant's September 9, 2011, “Pro Se Judicial Notice” affects our analysis of this appeal and no action will be taken on that filing.
ORDER the judgment of the district court AFFIRMED.