Mark Larue, Plaintiff-appellant, v. James Blodgett, Superintendent, Defendant-appellee, 942 F.2d 792 (9th Cir. 1991)Annotate this Case
Before BROWNING, FARRIS, and WILLIAM A. NORRIS, Circuit Judges.
Mark LaRue, a Washington state prisoner, appeals pro se the district court's orders denying his motions to preliminarily enjoin prison officials from restricting his access to the prison law library, to documents gathered from other inmates, and to his own legal and personal property.
LaRue's motions for preliminary injunction were filed on October 29, 1990 and October 30, 1990. On December 31, 1990 the district court denied these motions. The prison officials filed a motion for summary judgment on March 29, 1991. On May 23, 1991, the district court issued a final judgment granting the motion for summary judgment and dismissing LaRue's complaint with prejudice.
We have previously held that the denial of preliminary injunctive relief merges into a final judgment precluding our consideration of an injunctive appeal. See SEC v. Mt. Vernon Memorial Park, 664 F.2d 1358, 1361-62 (9th Cir.), cert. denied, 456 U.S. 961 (1982). Accordingly, LaRue's appeal from the district court's denial of preliminary injunctive relief is dismissed as merged. See id.