Joshua Schroeder v. Trader Joe's Company
Joshua Jonathan SCHROEDER, Plaintiff-Appellant, v. TRADER JOE’S COMPANY, Defendant-Appellee
- Area
- other
- Panel
- Edward Leavy (author), Ferdinand F. Fernandez, Mary H. Murguia
Analysis
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Opinion
NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 23 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JOSHUA JONATHAN SCHROEDER, No. 17-56563 Plaintiff-Appellant, D.C. No. 3:17-cv-00184-DMS-BGS v. MEMORANDUM* TRADER JOE’S COMPANY, Defendant-Appellee.
Appeal from the United States District Court for the Southern District of California Dana M. Sabraw, District Judge, Presiding Submitted February 13, 2018** Before: LEAVY, FERNANDEZ, and MURGUIA, Circuit Judges.
Attorney Joshua Jonathan Schroeder appeals pro se from the district court’s order denying his motion for a preliminary injunction to enjoin defendant from violating the Food, Drug, and Cosmetics Act (“FDCA”). We have jurisdiction under 28 U.S.C. § 1292(a)(1). We review for an abuse of discretion. Alliance for * 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). the Wild Rockies v. Cottrell, 632 F.3d 1127, 1131 (9th Cir. 2011). We affirm.
The district court did not abuse its discretion by denying Schroeder’s request for preliminary injunctive relief because Schroeder failed to show that he is likely to succeed on the merits. See 21 U.S.C. § 337(a) (“[A]ll such proceedings for the enforcement, or to restrain violations of [the FDCA] shall be by and in the name of the United States.”); Alliance for the Wild Rockies, 632 F.3d at 1134-35 (plaintiff seeking preliminary injunction must establish that he is likely to succeed on the merits, he is likely to suffer irreparable harm in the absence of preliminary relief, the balance of equities tips in his favor, and an injunction is in the public interest).
We do not consider matters not specifically and distinctly raised and argued in the opening brief, or arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
We reject as meritless Schroeder’s contentions regarding the Judiciary Act, the separation of powers doctrine, and the applicability of de novo review.
AFFIRMED.
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