Hunt v. Turner

Full title: Sue HUNT, Plaintiff-Appellant, v. Frederick P. TURNER; David C. Henderson…

Court: United States Court of Appeals, Ninth Circuit

Date published: Feb 21, 2001

4 F. App'x 434 (9th Cir. 2001)

Opinion

4 Fed.Appx. 434 (9th Cir. 2001) Sue HUNT, Plaintiff-Appellant, and Douglas Richard LAINER, Plaintiff, v. Frederick P. TURNER; David C. Henderson; John M. Haynes; Raymond P. Gonzales; Phil Coleman; Davis Police Department; City of Davis, California; County of Yolo, Sacramento, Defendants-Appellees. Nos. 98-17050, 98-17256. D.C. No. CV-94-00183-WBS. United States Court of Appeals, Ninth Circuit. February 21, 2001

Submitted February 12, 2001. ¹

1 The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

In civil action, the United States District Court for the Eastern District of California, William B. Shubb, granted summary judgment in favor of defendants and denied plaintiff's motion to retax costs imposed against her. The Court of Appeals held that: (1) declining to admit documents submitted by plaintiff in opposition to summary judgment as not being sufficiently authenticated was not an abuse of discretion; (2) district court was not required to provide guidance to plaintiff regarding evidentiary issue; (3) district court did not abuse its discretion in denying plaintiff's motion for reconsideration from the summary judgment order; and (4) district court did not abuse its discretion in taxing the deposition costs to plaintiff.

Affirmed.

Appeal from the United States District Court for the Eastern District of California, William B. Shubb, District Judge, Presiding.

Before LEAVY, THOMAS, and RAWLINSON, Circuit Judges.

MEMORANDUM ²

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

In these consolidated appeals, Sue Hunt appeals pro se from the district court's summary judgment in favor of the defendants and from the district court's order denying her motion to retax costs imposed against her. We have jurisdiction pursuant to 28 U.S.C. § 1291. We affirm.

We review for an abuse of discretion evidentiary questions, even those decided in the context of summary judgment. See School Dist. No. 1J, Multnomah

Page 435.

County, Or. v. ACandS, Inc., 5 F.3d 1255, 1261 (9th Cir.1993).

The district court did not abuse its discretion in determining that Hunt's documents submitted in opposition to summary judgment were not sufficiently authenticated. See Beyene v. Coleman Sec. Servs., Inc., 854 F.2d 1179, 1181 (9th Cir.1988) (holding it was not sufficient authentication merely to attach an affidavit to evidence referring to the documents as true copies).

Hunt contends that the district court erred in not allowing her additional time to correct the authentication problem. This contention lacks merit because Hunt did not ask for additional time before the summary judgment order issued. In addition, the district court was not required to provide guidance to Hunt regarding the evidentiary issue. See Jacobsen v. Filler, 790 F.2d 1362, 1364 (9th Cir.1986).

The district court did not abuse its discretion in denying Hunt's motion for reconsideration from the summary judgment order. See School Dist. No. 1J, 5 F.3d at 1262.

The district court did not abuse its discretion in taxing the deposition costs to Hunt. See Alflex Corp. v. Underwriters Labs., Inc., 914 F.2d 175, 177 (9th Cir.1990) (per curiam).

AFFIRMED.