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Stanion v. Secretary of Air Force

*fn* submitted: November 17, 1993.

DAVID STANION, PLAINTIFF-APPELLANT,
v.
SECRETARY OF THE AIR FORCE, DEFENDANT-APPELLEE.



Appeal from the United States District Court for the District of Arizona. D.C. No. CV-93-0462-PHX-RGS. Roger G. Strand, District Judge, Presiding

Before: Schroeder, D.w. Nelson, and Thompson, Circuit Judges.

MEMORANDUM

David Stanion appeals pro se the district court's denial of his request for preliminary injunctive relief against the Secretary of the United States Air Force and others.*fn1 We have jurisdiction under 28 U.S.C. § 1292(a)(1). we will reverse the district court's denial of preliminary injunctive relief "only when the district court abused its discretion." Religious Technology Ctr., Church of Scientology Int'l, Inc. v. Scott, 869 F.2d 1306, 1309 (9th Cir. 1989).

Stanion contends that the district court erred in denying his motion for an injunctive relief. We disagree. Rule 65(a)(1) of the Federal Rules of Civil Procedure provides that "no preliminary injunction shall be issued without notice to the adverse party." See Klaus v. Hi-Shear Corp., 528 F.2d 225, 234 (9th Cir. 1975). Here, there was no evidence of service on adverse parties. Moreover, at the time the motion was filed, Stanion had not filed an amended complaint as instructed by the district court. Given the vague and conclusory allegations underlying Stanion's original complaint, the district court did not abuse its discretion by denying the request for injunctive relief.*fn2

AFFIRMED.

Disposition

AFFIRME ...


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