Steve Cox v. Dwight Neven

MEMORANDUM

Michael Steve Cox, a Nevada state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging constitutional violations concerning his conditions of confinement. We have jurisdiction under 28 U.S.C. § 1291 . We review for abuse of discretion decisions concerning discovery, Preminger v. Peake, 552 F.3d 757 , 768 n. 10 (9th Cir.2008), and we affirm.

The district court did not abuse its discretion by denying Cox’s discovery motions because Cox failed to show any basis for the discovery or show how the discovery he sought would have precluded summary judgment. See Laub v. U.S. Dep’t of Interior, 342 F.3d 1080, 1093 (9th Cir.2003) (noting the district court’s broad discretion in discovery matters and discussing “substantial prejudice” requirement for reversal); Klingele v. Eikenberry, 849 F.2d 409, 412 (9th Cir.1988) (“The burden is on the nonmoving party ... to show what material facts would be discovered that would preclude summary judgment.”).

Because Cox does not challenge summary judgment, Coxis contentions regarding his motions for temporary restraining orders are moot. See Mt. Graham Red Squirrel v. Madigan, 954 F.2d…