Silver v. Capital One, National Association

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS DEC 23 2025 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT FREDERICK O. SILVER, No. 25-5961 D.C. No. 3:25-cv-05175-DGE Plaintiff - Appellant, v. MEMORANDUM* CAPITAL ONE, NATIONAL ASSOCIATION, Defendant - Appellee. Appeal from the United States District Court for the Western District of Washington David G. Estudillo, District Judge, Presiding Submitted December 17, 2025** Before: PAEZ, CHRISTEN, and KOH, Circuit Judges. Frederick O. Silver appeals pro se from the district court’s order denying his motion for a preliminary injunction in his action alleging a Fair Credit Reporting Act claim. We have jurisdiction under 28 U.S.C. § 1292(a)(1). We review for an * 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). abuse of discretion. Am. Trucking Ass’ns, Inc. v. City of Los Angeles, 559 F.3d 1046, 1052 (9th Cir. 2009). We affirm. The district court did not abuse its discretion by denying Silver’s motion for a preliminary injunction because Silver failed to establish the requirements for such relief. See id. (a party seeking a preliminary injunction must establish that it is likely to succeed on the merits, it is likely to suffer irreparable harm in the absence of preliminary relief, the balance of equities tips in its favor, and an injunction is in the public interest). AFFIRMED. 2 25-5961