Lance

Lance v. Mahoney

Good Law
357 F. App'x 126
United States Court of Appeals for the Ninth CircuitDecember 7, 200908-35034California363 words

Opinion

Opinion

MEMORANDUM

Montana state prisoner John F. Lance appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action and from the order denying reconsideration. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the grant of summary judgment, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004), and we review for abuse of discretion the denial of a motion for reconsideration, Sch. Dist. No. 1J, Multnomah County, Or. v. ACandS, Inc., 5 F.3d 1255, 1262 (9th Cir.1993). We affirm.

The district court did not abuse its discretion in denying Lance a continuance to conduct discovery and to access his files in storage because Lance failed to show that the evidence sought would defeat summary judgment. See Cornwell v. Electra Cent. Credit Union, 439 F.3d 1018, 1026 (9th Cir.2006) (“[A] district court abuses its discretion only if ... the movant can show how allowing additional discovery would have precluded summary judgment.”). The district court did not abuse its discretion in denying Lance’s motion for reconsideration because Lance failed to establish good cause justifying reconsideration. See Sch. Dist. No. 1J, 5 F.3d at 1263 (setting forth elements for…

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