Opinion
No. 06-56304.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed October 24, 2007.
Damon Lamont Hobdy, Esq., Law Offices of Damon Lamont Hobdy, Pasadena, CA, for Plaintiff-Appellant.
Melanie M. Poturica, Esq., Liebert Cassidy Whitmore, Los Angeles, CA, for Defendants-Appellees.
Appeal from the United States District Court for the Central District of California, George P. Schiavelli, District Judge, Presiding. D.C. No. CV-06-03319-GPS.
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
We review the district court's denial of a motion for a preliminary injunction for abuse of discretion. Guam Fresh, Inc. v. Ada, 849 F.2d 436, 437 (9th Cir. 1988). The district court did not abuse its discretion in finding that Hobdy did not demonstrate a sufficient threat of irreparable injury. A preliminary injunction is not necessary to preserve the status quo as Hobdy has been out of the job for at least two years. The district court reasonably found that there was an insufficient showing of irreparable injury and thus a preliminary injunction would not prevent future irreparable injury. The district court did not abuse its discretion in finding that Hobdy has not demonstrated a sufficient likelihood of success on the merits, as he has not clearly demonstrated that other administrators who performed similarly were treated differently, nor that any comment made to him was discriminatory on its face.