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Prison Legal News v. Babeu

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jan 22, 2014

NOT FOR PUBLICATION

MEMORANDUM

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

Appeal from the United States District Court for the District of Arizona G. Murray Snow, District Judge, Presiding
Argued and Submitted January 13, 2014
San Francisco, California

Before: ALARCÓN, TALLMAN, and IKUTA, Circuit Judges.

Prison Legal News appeals the district court's denial of its motion for a permanent injunction against the defendants, who operate the Pinal County Jail. Jurisdiction lies under 28 U.S.C. § 1292(a)(1) and we review for abuse of discretion. Cummings v. Connell, 316 F.3d 886, 897 (9th Cir. 2003). Finding none, we affirm.

"Perhaps the most significant single component in the judicial decision whether to exercise equity jurisdiction and grant permanent injunctive relief is the court's discretion." Charles Alan Wright et al., 11A Fed. Pract. & Proc. § 2942 & n.3 (2d ed. 2013) (collecting cases). Here, the district court took the extraordinarily cautious step of seeking additional briefing and evidence on the motion before concluding that a permanent injunction was unnecessary. In light this attention and the extraordinary deference we must show, we cannot find an abuse of discretion here.

AFFIRMED