Unpublished Disposition, 881 F.2d 1084 (9th Cir. 1989)

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US Court of Appeals for the Ninth Circuit - 881 F.2d 1084 (9th Cir. 1989)

Monte L. POST, Plaintiff-Appellant,v.Dan C. CLAPP, et al., Defendants-Appellees.

No. 86-2725.

United States Court of Appeals, Ninth Circuit.

Submitted*  June 28, 1989.Decided Aug. 3, 1989.

Before JAMES R. BROWNING, PREGERSON and DAVID R. THOMPSON, Circuit Judges.


MEMORANDUM** 

The district court properly denied appellant's motion for a temporary restraining order and preliminary injunction against the execution of the adverse California state court judgments. The district court lacked jurisdiction to order an injunction against two of the appellees (the Superior Court of the State of California and Lee Kannon Alpert), since they were never parties to the action. See ESP Fidelity Corp. v. Department of Housing and Urban Development, 512 F.2d 887, 890 (9th Cir. 1975). Denial of injunctive relief was proper as to the remaining appellees because appellant cannot show he will suffer irreparable harm if the injunction does not issue. Oakland Tribune, Inc. v. The Chronicle Publishing Co. Inc., 762 F.2d 1374, 1376 (1985). Any harm Post would suffer from improper execution of the judgments against him would be monetary harm fully compensable in damages. Id.

AFFIRMED.

 *

The panel finds this case appropriate for submission without argument pursuant to 9th Cir.R. 34-4 and Fed. R. App. P. 34(a)

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

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