Opinion
No. 08-15919.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed October 15, 2008.
Alvaro Quezada, Delano, 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. 1:06-CV-01088-OWW.
Before: WARDLAW, W. FLETCHER and RAWLINSON, Circuit Judges.
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 opening brief, this court hereby summarily affirms the district court's order denying appellant's request for preliminary injunctive relief because the district court dismissed appellant's 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); WMX Techs., Inc. v. Miller, 104 F.3d 1133, 1136 (9th Cir. 1997) (dismissal of complaint with leave to amend is not appealable).