Opinion
No. 11-35200 D.C. No. 3:09-cv-05655-RBL
04-27-2012
CALVIN ROUSE, AKA Abdur Rashid Khalif, Plaintiff - Appellant, v. RON VAN BOENING; 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NOT FOR PUBLICATION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 Western District of Washington
Ronald B. Leighton, District Judge, Presiding
Before: LEAVY, PAEZ, and BEA, Circuit Judges.
Washington state prisoner Calvin Rouse, a.k.a. Abdur Rashid Khalif, appeals pro se from the district court's summary judgment in his 42 U.S.C. § 1983 action alleging various constitutional violations. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Ramirez v. City of Buena Park, 560 F.3d 1012, 1019 (9th Cir. 2009), and we affirm.
The district court properly granted summary judgment because plaintiff failed to raise a genuine dispute of material fact as to any of his claims. See Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986); see also Lewis v. Casey, 518 U.S. 343, 349-51 (1996) (access to court); Sandin v. Conner, 515 U.S. 472, 484 (1995) (due process); Shakur v. Schriro, 514 F.3d 878, 884, 888 (9th Cir. 2008) (free exercise and RLUIPA); Pratt v. Rowland, 65 F.3d 802, 807 (9th Cir. 1995) (retaliation).
The district court did not abuse its discretion by granting defendants' motion to quash defendant Van Boening's deposition. See Laub v. U.S. Dep't of Interior, 342 F.3d 1080, 1093 (9th Cir. 2003) ("A district court is vested with broad discretion to permit or deny discovery. . . .").
The district court did not abuse its discretion by declining to continue defendants' summary judgment motion until plaintiff could conduct additional discovery because plaintiff failed to identify the specific facts that additional discovery would have revealed or how those facts would have been essential to defeat the summary judgment motion. See California ex rel. Cal. Dep't of Toxic Substances Control v. Campbell, 138 F.3d 772, 779-80 (9th Cir. 1998) (reviewing for an abuse of discretion and setting forth relevant factors).
Plaintiff's remaining contentions are unpersuasive.
AFFIRMED.