
    Edward THOMAS, Plaintiff-Appellant, v. T. FELKER; et al., Defendants—Appellees.
    No. 08-16312.
    United States Court of Appeals, Ninth Circuit.
    Submitted Sept. 8, 2008.
    
    Filed Sept. 15, 2008.
    Edward Thomas, Susanville, CA, pro se.
    Before: PREGERSON, McKEOWN and N.R. SMITH, Circuit Judges.
    
      
       The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App. P. 34(a)(2).
    
   MEMORANDUM

Upon review of the record and appellant’s opening brief, this court hereby summarily affirms the district court’s order denying without prejudice appellant’s request for preliminary injunctive relief because the district court dismissed appellant’s complaint prior to service. See Fed.R.Civ.P. 65(a)(1) (court may issue preliminary injunction only on notice to adverse party); see also United States v. Hooton, 693 F.2d 857 (9th Cir.1982) (per curiam) (summary affirmance appropriate where result is clear from face of record).

All pending motions are denied.

AFFIRMED. 
      
       This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
     