Unpublished Disposition, 928 F.2d 1136 (9th Cir. 1991)

MEMORANDUM^** 

Nickolas John Andrade, a federal prisoner, appeals pro se the district court's denial of his request for a preliminary injunction in his action brought pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552 et seq. We have jurisdiction pursuant to 28 U.S.C. § 1292(a) (1), and we affirm.

We will reverse a district court's grant or denial of a preliminary injunction only where the court abused its discretion or based its decision on an erroneous legal standard or on clearly erroneous findings of fact. Religious Technology Center, Church of Scientology Int'l, Inc. v. Scott, 869 F.2d 1306, 1309 (9th Cir. 1989). Here, the district court properly applied the two alternative tests set out by this court in City of Tenakee Springs v. Block, 778 F.2d 1402, 1407 (9th Cir. 1985) (citations omitted). In denying Andrade's motion, the district court determined that he did not meet the requirements of either test. We hold that the district court did not abuse its discretion and affirm the denial of Andrade's motion for a preliminary injunction based on the reasoning of the district court's well-reasoned order.

AFFIRMED.