David Pride, Jr. v. M. Correa
Opinion
Opinion
ORDER
Pride's request for publication is GRANTED. The memorandum disposition filed on December 27, 2012, is withdrawn. A published opinion along with a new memorandum disposition will be filed concurrently with this order.
IT IS SO ORDERED.
MEMORANDUM
Plaintiff David Pride, a California prisoner, appeals from the district court’s: (1) grant of defendants’ motion for summary judgment; and (2) denial of Pride’s motion for a continuance to conduct discovery. We have jurisdiction pursuant to 28 U.S.C. § 1291 .
We hold that the district court erred by granting summary judgment in favor of defendants Dr. Levin and Nurse Correa. We affirm the district court’s grant of summary judgment in favor of defendants Dr. Santiago and Warden Ochoa. We find that the district court erred by denying Pride’s motion to continue the hearing on defendants’ motion for summary judgment pending further discovery. We remand for further proceedings consistent with this disposition.
1. Defendants’ Motion for Summary Judgment
A. Dr. Levin and, Nurse Correa
We review a grant of summary judgment de novo. Citicorp Real Estate, Inc. v. Smith, 155 F.3d 1097, 1103 (9th Cir.1998). In light of Pride’s medical…