Mark Vinzant v. United States

MEMORANDUM

Mark A. Vinzant, a former federal prisoner, appeals the district court’s summary judgment in favor of the United States and individuals in Vinzant’s action alleging claims for medical malpractice under the Federal Tort Claims Act (“FTCA”) and deliberate indifference under the Eighth Amendment. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. Because the parties are familiar with the facts and history of this case, we do not recount them here.

On de novo review, the record supports the district court’s determination that there was no triable issue of material fact demonstrating the defendants’ breach of the standard of care under the FTCA. Mansion v. United States, 945 F.2d 1115, 1116 (9th Cir.1991). The district court did not abuse its discretion in excluding Dr. Latch’s report pursuant to Federal Rule of Civil Procedure 26(a)(2)(B) given that Vin- zant provided no evidence demonstrating that Dr. Latch was exempt from the written report requirement. See Fed.R.Civ.P. 37(c)(1); Yeti by Molly, Ltd. v. Deckers Outdoor Corp., 259 F.3d 1101, 1106 (9th Cir.2001) (explaining that Rule 37(c)(1) “forbid[s] the use at trial of any information required to be…