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Pogue v. Yates

United States Court of Appeals, Ninth Circuit
Aug 18, 2008
291 F. App'x 47 (9th Cir. 2008)

Opinion

No. 08-15682.

Submitted August 11, 2008.

The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed August 18, 2008.

Leon H. Pogue, Coalinga, CA, pro se.

Appeal from the United States District Court for the Eastern District of California, Oliver W. Wanger, District Judge, Presiding. D.C. No. 1:07-CV-01577-OWW.

Before: CANBY, LEAVY and KLEINFELD, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Upon review of the record and appellant's response to this court's order to show cause, this court hereby summarily affirms the district court's order denying appellant's request for preliminary injunctive relief because the request was contained in the complaint and the district court dismissed the complaint prior to service. See Fed.R.Civ.P. 65(a)(1) (court may issue preliminary injunction only on notice to adverse party); see also United States v. Hooton, 693 F.2d 857 (9th Cir. 1982) (per curiam) (summary affirmance appropriate where result is clear from face of record).

All pending motions are denied as moot.

AFFIRMED.


Summaries of

Pogue v. Yates

United States Court of Appeals, Ninth Circuit
Aug 18, 2008
291 F. App'x 47 (9th Cir. 2008)
Case details for

Pogue v. Yates

Case Details

Full title:Leon H. POGUE, Plaintiff-Appellant, v. James YATES; et al.…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 18, 2008

Citations

291 F. App'x 47 (9th Cir. 2008)