Opinion
No. 10-56245 D.C. No. 3:07-cv-01822-JM-POR
01-10-2012
TED DARNELL DANIELS, Plaintiff - Appellant, v. O. ALVARADO, Correctional Officer; et al., Defendants - Appellees.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the Southern District of California
Jeffrey T. Miller, District Judge, Presiding
Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
Ted Darnell Daniels, a California state prisoner, appeals pro se from the district courts's summary judgment in his 42 U.S.C. § 1983 action alleging that prison officials used excessive force against him in violation of the Eighth Amendment. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. White v. Roper, 901 F.2d 1501, 1503 (9th Cir. 1990). We affirm.
The district court properly granted summary judgment for defendants Alvarado and Harris because Daniels failed to raise a genuine dispute of material fact as to whether these defendants used physical force "maliciously and sadistically to cause him harm" rather than "in a good-faith effort to maintain or restore disciplined[.]" Hudson v. McMillian, 503 U.S. 1, 6-7 (1992).
The district court did not abuse its discretion by denying Daniels's motion for additional time to serve the summons and complaint on defendant Roberts because Daniels failed to show good cause. See Fed. R. Civ. P. 4(m) (requiring service within 120 days after the complaint is filed); Oyama v. Sheehan (In re Sheehan), 253 F.3d 507, 511-12 (9th Cir. 2001) (setting forth standard of review and discussing factors to establish good cause).
Daniels's remaining contentions, including those concerning discovery and evidentiary issues, are unpersuasive.
AFFIRMED.