U.S. Court of Appeals for the Ninth Circuit, 2021

Lance Wood v. Sue Washburn

Lance Wood v. Sue Washburn
U.S. Court of Appeals for the Ninth Circuit · Decided January 29, 2021

Lance Wood v. Sue Washburn

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JAN 29 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT LANCE CONWAY WOOD, No. 20-35892 Plaintiff-Appellant, D.C. No. 2:20-cv-00362-SB v. MEMORANDUM* SUE WASHBURN, Superintendent of Eastern Oregon Correctional Institution ("EOCI"), in her individual and official capacities; et al., Defendants-Appellees.

Appeal from the United States District Court for the District of Oregon Stacie F. Beckerman, Magistrate Judge, Presiding** Submitted January 20, 2021*** Before: McKEOWN, CALLAHAN, and BRESS, Circuit Judges.

Oregon state prisoner Lance Conway Wood appeals pro se from the district

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The parties consented to proceed before a magistrate judge. See 28 U.S.C. § 636(c). *** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). court’s order denying his motion for a preliminary injunction in his action in his 42 U.S.C. § 1983 action alleging retaliation and due process violations. We have jurisdiction under 28 U.S.C. § 1292(a)(1). We review for an abuse of discretion.

Jackson v. City & County of San Francisco, 746 F.3d 953, 958 (9th Cir. 2014).

We affirm.

The district court did not abuse its discretion in denying Wood’s motion for a preliminary injunction because Wood failed to establish that he was likely to suffer irreparable harm. See Boardman v. Pac. Seafood Grp., 822 F.3d 1011, 1022 (9th Cir. 2016) (explaining that “[s]peculative injury does not constitute irreparable injury sufficient [to obtain a preliminary injunction]”).

We reject as without merit Wood’s contention that the district court was required to hold an evidentiary hearing regarding Wood’s motion for a preliminary injunction.

AFFIRMED.

2 20-35892

Case-law data current through December 31, 2025. Source: CourtListener bulk data.