WOOD v. WASHBURN EOCI (2021)

United States Court of Appeals, Ninth Circuit.

Lance Conway WOOD, Plaintiff-Appellant, v. Sue WASHBURN, Superintendent of Eastern Oregon Correctional Institution (“EOCI”), in her individual and official capacities; et al., Defendants-Appellees.

No. 20-35892

Decided: January 29, 2021

Before: McKEOWN, CALLAHAN, and BRESS, Circuit Judges.

Lance Conway Wood, Pro Se David B. Thompson, Assistant Attorney General, AGOR - Office of the Oregon Attorney General, Salem, OR, for Defendants-Appellees

MEMORANDUM ***

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

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