Mark A. Koch, Plaintiff-appellant, v. Roger Crist, Ernie Salazar, Fred Ballard, Chuck Goldsmith,lieutenant Martin, Cmo Lamb, Sgt. Najab, Sgt. Gay,defendants-appellees, 127 F.3d 1105 (9th Cir. 1997)

MEMORANDUM^* 

This appeal from the district court's order denying appellant's motion for preliminary injunction comes to us for review under Ninth Circuit Rule 3-3. We have jurisdiction under 28 U.S.C. § 1292(a) (1), and we affirm.

Our sole inquiry is whether the district court abused its discretion in denying preliminary injunctive relief. See Greqorio T. v. Wilson, 59 F.3d 1002, 1004-05 (9th Cir. 1995). The record before us shows that the court did not rely on an erroneous legal premise or abuse its discretion in concluding that appellant had failed to demonstrate the likelihood of irreparable harm in the absence of preliminary injunctive relief. See id. The court's factual findings and application of legal standards are not clearly erroneous. See id. Accordingly, the court's order denying the preliminary injunction is affirmed.

This court will not exercise its discretion to review the district court's dismissal of one claim and denial of leave to file a second supplemental complaint. See Yamamoto v. Omiya, 564 F.2d 1319, 1325 n. 1l (9th Cir. 1977) (appellate court has discretion to decide whether to entertain challenge to non-appealable orders in appeal from denial of injunctive relief).

AFFIRMED.