Gonzalo Murillo, Plaintiff-appellant, v. J. Gomez, G.b. Garibay, G. Smith, R. Valdez, Mel Thomas,j.a. White, J.e. Pett, J. Wilkinson, M.thirakomen, L. Loo, F. Couto, M. Meske,r. Harway, D. Rodriguez, K.horton, Defendants-appellees, 120 F.3d 268 (9th Cir. 1997)

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U.S. Court of Appeals for the Ninth Circuit - 120 F.3d 268 (9th Cir. 1997) Submitted July 8, 1997. **Decided July 10, 1997

Before: HUG, Chief Judge, Chief and LEAVY, Circuit Judges.


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 Gregorio 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 demon strate the existence of serious legal questions or that the balance of hardships tipped in favor of appellant and in denying prelimi nary injunctive relief. See id. The court's factual findings and app lication of legal standards are not clearly erroneous. See id. Accordingly, the court's order denying the preliminary injunction is affirmed.



The panel finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir. R. 34-4; 9th Cir. R. 3-3(d)


This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3