Opinion
No. 15-15575
11-03-2016
LON DERRICK CARTER, Plaintiff-Appellant, v. NICK DAWSON; KATHY MENDOZA-POWERS, Defendants-Appellees.
NOT FOR PUBLICATION
D.C. No. 1:07-cv-01325-AWI-BAM MEMORANDUM Appeal from the United States District Court for the Eastern District of California
Anthony W. Ishii, District Judge, Presiding Before: LEAVY, GRABER, and CHRISTEN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
California state prisoner Lon Derrick Carter appeals pro se from the district court's summary judgment in his 42 U.S.C. § 1983 action alleging constitutional violations in connection with his conditions of confinement. We review de novo, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir. 2004), and we affirm.
The district court properly granted summary judgment because Carter failed to raise a genuine dispute of fact as to whether defendants caused Carter to contract a bacterial infection. See Harper v. City of Los Angeles, 533 F.3d 1010, 1026 (9th Cir. 2008) ("In a § 1983 action, the plaintiff must . . . demonstrate that the defendant's conduct was the actionable cause of the claimed injury.").
The district court properly denied Carter's Fed. R. Civ. P. 56(d) motion to continue summary judgment to allow further discovery because Carter failed to identify specific facts to be obtained in discovery that would have precluded summary judgment. See Qualls By & Through Qualls v. Blue Cross of Cal., Inc., 22 F.3d 839, 844 (9th Cir. 1994) (setting forth standard of review; district court properly denied Rule 56(f) (now Rule 56(d)) motion where additional requested discovery would not have precluded summary judgment).
The district court did not abuse its discretion in denying Carter's motions to strike the declarations of J. Buck and L. Hansen. See El Pollo Loco, Inc. v. Hashim, 316 F.3d 1032, 1041 (9th Cir. 2003) (standard of review).
AFFIRMED.