Opinion
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 32.1)
Appeal from the United States District Court for the Eastern District of California. D.C. No. 1:06-cv-01014-LJO. Lawrence J. O'Neill, District Judge, Presiding.
DERRICK LEE BILLUPS, Plaintiff - Appellant, Pro se, Avenal, CA.
For LOMELI, Defendant - Appellee: Monica N. Anderson, Esquire, Supervising Deputy Attorney General, AGCA - OFFICE OF THE CALIFORNIA ATTORNEY GENERAL (SAC), Sacramento, CA; Jessica Soojin Kim, Deputy Attorney General, Office of the Attorney General, Sacramento, CA.
Before: FISHER, GOULD, and BYBEE, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
California state prisoner Derrick Lee Billups appeals pro se from the district court's judgment following a jury trial in his 42 U.S.C. § 1983 action alleging that defendant violated his Eighth Amendment rights. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion evidentiary rulings and will reverse only if an erroneous ruling was prejudicial. Allstate Ins. Co. v. Herron, 634 F.3d 1101, 1110 (9th Cir. 2011). We affirm.
Billups's contention that his trial exhibits were improperly excluded by the district court is unavailing as Billups has not shown that the exclusions " more probably than not" caused his trial to result in a tainted verdict. McEuin v. Crown Equip. Corp., 328 F.3d 1028, 1032 (9th Cir. 2003).
Billups's contention that the district court did not allow him to subpoena witnesses is unsupported by the record.
AFFIRMED.