Unpublished Disposition, 923 F.2d 861 (9th Cir. 1991)

Frank Jarvis ATWOOD II, Plaintiff-Appellant,v.Samuel LEWIS, et al., Defendants-Appellees.

No. 90-16258.

United States Court of Appeals, Ninth Circuit.

Submitted Jan. 23, 1991.^* Decided Jan. 25, 1991.

Before ALARCON, CYNTHIA HOLCOMB HALL and RYMER, Circuit Judges.

MEMORANDUM^** 

Frank Jarvis Atwood II, an Arizona state prisoner, appeals pro se the district court's denial of his motion for a preliminary injunction in his 42 U.S.C. § 1983 action against prison authorities. In his complaint, Atwood raised numerous claims including harassment by prison officials in retaliation for his legal activities, interference with his access to the courts, disciplinary action without due process, interference with his ability to practice his religion, unsafe housing, failure to respond to his inmate grievances, and interference with his visitation rights. He sought a preliminary injunction to prevent the defendants from engaging in this alleged conduct until his case is decided.

Here, the district court sua sponte denied the motion for a preliminary injunction without requiring a response by the government. Because Atwood filed a detailed affidavit supporting his motion, the court should have obtained a response from the government before addressing Atwood's motion.

VACATED AND REMANDED.