Joseph M. Anderson v. James Dzurenda;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSEPH M. ANDERSON,
Plaintiff-Appellant,
v.
JAMES DZURENDA; et al.,
Defendants-Appellees.
No. 21-16549
D.C. No. 3:18-cv-00426-MMD-
CLB
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Miranda M. Du, District Judge, Presiding
Submitted January 19, 2022**
Before: SILVERMAN, CLIFTON, and HURWITZ, Circuit Judges.
Joseph M. Anderson, a Nevada state prisoner, appeals pro se from the
district court’s order denying his motion for injunctive relief in his 42 U.S.C.
§ 1983 action alleging violations of his First Amendment right to free exercise of
his religious beliefs. We have jurisdiction to determine our own jurisdiction.
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
JAN 27 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 21-16549
Havensight Capital LLC v. Nike, Inc., 891 F.3d 1167, 1171 (9th Cir. 2018). We
dismiss for lack of jurisdiction.
We lack jurisdiction to review the district court’s order denying Anderson’s
successive motion for injunctive relief because this motion was based upon the
identical factual circumstances already addressed by the district court in its order
denying Anderson’s prior motions for injunctive relief. See Sierra On-Line, Inc. v.
Phoenix Software, Inc., 739 F.2d 1415, 1418 n.4 (9th Cir. 1984) (denial of motion
to reconsider a request for an injunction is appealable only if the motion is based
on new matters that have occurred following the district court’s initial order
addressing the injunction); see also Credit Suisse First Boston Corp. v. Grunwald,
400 F.3d 1119, 1124 (9th Cir. 2005) (a motion that merely seeks to relitigate a
request for injunctive relief that has already been decided is not a motion to modify
an injunction for purposes of 28 U.S.C. § 1292(a)(1)).
DISMISSED.

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