Shingle Springs Band of Miwok v. Cesar Caballero

FILED NOT FOR PUBLICATION MAR 28 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

SHINGLE SPRINGS BAND OF MIWOK No. 10-17329 INDIANS, D.C. No. 2:08-cv-03133-JAM- Plaintiff - Appellee, DAD v. MEMORANDUM * CESAR CABALLERO, Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of California John A. Mendez, District Judge, Presiding Submitted March 8, 2011 ** Before: FARRIS, LEAVY and BYBEE, Circuit Judges.

Cesar Caballero appeals the district court’s grant of a request for preliminary injunctive relief against him. We have jurisdiction under 28 U.S.C. § 1292(a)(1), and we affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Our sole inquiry is whether the district court abused its discretion in granting 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., 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 granting the preliminary injunction.

AFFIRMED.

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