Genghis Khan Stevenson v. R. Harmon

MEMORANDUM

Genghis Khan A. Stevenson, a California state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that correctional officers used excessive force against him. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion. Childress v. Darby Lumber, Inc., 357 F.3d 1000, 1009 (9th Cir.2004). We affirm.

Stevenson contends that the district court abused its discretion by entering summary judgment before he had adequate time to conduct discovery. There was no abuse of discretion because Stevenson did not seek a continuance under Federal Rule of Civil Procedure 56(f), and because the district court granted Stevenson’s motions for additional time to file his opposition and his objections. See Fed. R.Civ.P. 56(f); Foti v. City of Menlo Park, 146 F.3d 629, 638 (9th Cir.1998) (courts of appeal generally do not consider an issue not addressed in district court).

Stevenson’s contention that the district court abused its discretion by not considering evidence, first submitted in his objections to the magistrate judge’s report and recommendations, is also unpersuasive. See United States v. Howell, 231…