Kenneth Hibbler v. Julie Rexwinkel

MEMORANDUM

Former Nevada state prisoner Kenneth Hibbler appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging retaliation and deliberate indifference to his serious medical needs. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion discovery rulings, Hallett v. Morgan, 296 F.3d 732, 751 (9th Cir.2002), and we affirm.

The district court did not abuse its discretion in partially denying Hibbler’s motion for the Inspector General’s report because Hibbler did not demonstrate “actual and substantial prejudice,” where the record showed that this report did not exist. Id. at 751 (citation and internal quotation marks omitted) (explaining a district court’s broad discretion to permit or deny discovery). Moreover, the district court ordered production of, and Rexwinkle produced, a copy of an incident report, which did exist.

The district court did not abuse its discretion in denying Hibbler’s motion for a final discovery extension because Hibbler failed to demonstrate good cause. See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607, 609 (9th Cir.1992) (setting forth standard of review and “good cause”…