From Casetext: Smarter Legal Research

Carroll v. U.S.

United States Court of Appeals, Ninth Circuit
Jun 19, 1997
116 F.3d 1485 (9th Cir. 1997)

Opinion


116 F.3d 1485 (9th Cir. 1997) David Ralph CARROLL, Plaintiff-Appellant, v. UNITED STATES of America; Leo Anderson; David K. Hill, Defendants-Appellees. No. 95-16864. United States Court of Appeals, Ninth Circuit June 19, 1997

Submitted June 17, 1997

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a); 9th Cir. R. 34-4. Accordingly, Carroll's request for oral argument is denied.

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)

Appeal from the United States District Court for the District of Arizona Paul G. Rosenblatt, District Judge, Presiding.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.

Before: GOODWIN, SCHROEDER, and TASHIMA, Circuit Judges.

David Carroll appeals pro se the district court's grant of defendants' motion to stay discovery pending resolution of their summary judgment motion in Carroll's action alleging malicious prosecution. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

We review a district court's discovery ruling for abuse of discretion. See Alaska Cargo Transp., Inc. v. Alaska R.R. Corp., 5 F.3d 378, 383 (9th Cir.1993). A stay of discovery pending the resolution of another issue is proper if discovery would not affect a decision on that issue. See Little v. City of Seattle, 863 F.2d 681, 685 (9th Cir.1988).

Because we accept the district court's reasoning that Carroll failed to establish a genuine issue of material fact and that defendants were immune to Carroll's claims, we conclude that the district court did not abuse its discretion by granting the motion to stay discovery. See id.

All pending motions are denied as moot.

AFFIRMED.


Summaries of

Carroll v. U.S.

United States Court of Appeals, Ninth Circuit
Jun 19, 1997
116 F.3d 1485 (9th Cir. 1997)
Case details for

Carroll v. U.S.

Case Details

Full title:David Ralph CARROLL, Plaintiff-Appellant, v. UNITED STATES of America; Leo…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jun 19, 1997

Citations

116 F.3d 1485 (9th Cir. 1997)

Citing Cases

U.S. Fire Ins. Co. v. Prieto

In the present case, the underlying liability action constitutes a parallel state proceeding even though…

Preval v. Reno

Courts have typically rejected § 1983 claims based on allegations of inadequate treatment for scabies. See,…