Vivek Shah v. Charles Samuels, Jr.

U.S. Court of Appeals for the Eighth Circuit
Vivek Shah v. Charles Samuels, Jr., 612 F. App'x 859 (8th Cir. 2015)
Benton, Per Curiam, Smith, Wollman

Vivek Shah v. Charles Samuels, Jr.

Opinion

PER CURIAM.

In this interlocutory appeal in a pro se action under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), federal inmate Vivek Shah challenges the district court’s 1 denials of preliminary injunctive relief.

After careful review of the record and the parties’ arguments on appeal, we conclude that the district court did not abuse its discretion in denying injunctive relief, because Shah did not show a clear threat of irreparable harm. See 28 U.S.C. § 1292(a)(1) (appellate jurisdiction); H & R Block Tax. Servs., LLC v. Acevedo-Lopez, 742 F.3d 1074, 1077 (8th Cir. 2014) (standard of review); Dataphase Sys., Inc. v. C.L. Sys., Inc., 640 F.2d 109, 113 (8th Cir. 1981) (en banc) (setting forth relevant factors to be considered in determining whether preliminary injunction should issue).

The judgment is affirmed. See 8th Cir. R. 47B.

1

. The Honorable Jerome T. Kearney, United States Magistrate Judge for the Eastern District of Arkansas, to whom the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. § 636(c).

Reference

Full Case Name
Vivek SHAH, Plaintiff-Appellant v. Charles E. SAMUELS, Jr., D.S.C.C. Administrator, Sued in His Official Capacity; United States of America; Jose A. Santana, DSCC Administrator (Originally Named as Doe), Defendants-Apellees
Status
Unpublished