PP&M Towing & Recovery, Inc. v. CCSF, et al, No. 10-16062 (9th Cir. 2010)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS AUG 31 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT PP&M TOWING & RECOVERY, INC., a California corporation, No. 10-16062 D.C. No. 3:10-cv-01466-THE Plaintiff - Appellant, MEMORANDUM * v. CITY AND COUNTY OF SAN FRANCISCO, a subdivision of the State of California; GEORGE GASCON, in his capacity as the Chief of Police of the City of San Francisco, California, Defendants - Appellees. Appeal from the United States District Court for the Northern District of California Thelton E. Henderson, Senior District Judge, Presiding Submitted August 23, 2010 ** Before: LEAVY, HAWKINS and THOMAS, Circuit Judges. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). PP&M Towing & Recovery, Inc. appeals the district court s denial of its request for preliminary injunctive relief against the City & County of San Francisco and George Gascon, in his official capacity as Chief of Police. We have jurisdiction under 28 U.S.C. § 1292(a)(1), and we affirm. We express no view on the merits of the complaint. Our sole inquiry is whether the district court abused its discretion in denying preliminary injunctive relief. The Lands Council v. McNair, 537 F.3d 981, 986 (9th Cir. 2008); see Winter v. Natural Resources Defense Council, 129 S. Ct. 365, 374 (2008) (listing factors for district court to consider); Sports Form, Inc. v. United Press Int l, 686 F.2d 750, 752-53 (9th Cir. 1982) (explaining limited scope of review). We conclude the district court did not abuse its discretion. Accordingly, we affirm the district court s order denying the preliminary injunction. AFFIRMED. 2 10-16062

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