Background
Michael C. Sternberg, proceeding pro se, appealed from a district court order denying his motion for a preliminary injunction. The underlying action involved federal and state law claims arising out of state child custody proceedings.
The court’s reasoning
The panel reviewed the district court’s order for an abuse of discretion. The court affirmed because Sternberg failed to establish the requirements for a preliminary injunction, which include showing a likelihood of success on the merits, a likelihood of irreparable harm in the absence of relief, that the balance of equities tips in his favor, and that an injunction is in the public interest. The court explicitly declined to consider contentions regarding the merits of the underlying complaint or orders granting motions to dismiss as those issues were outside the scope of the appeal.
What it means going forward
The denial of the preliminary injunction stands, allowing the underlying child custody proceedings to continue without the requested court order.
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