Mustafa Wright v. N. Grannis

MEMORANDUM

Mustafa Wright, a state prisoner proceeding pro se, appeals a district court order granting summary judgment in favor of the defendants, Wright brought suit under 42 U.S.C. § 1983 alleging that five prison officials violated his Eighth and Fourteenth Amendment rights by acting with deliberate indifference to a known risk to Wright’s safety. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm,

Wright claims that he was denied proper notice regarding the legal consequences of a motion for summary judgment. Wright’s claim that he was entitled to notice from the court, not the moving party, is explicitly foreclosed by an en banc opinion of this court, which concluded that: “Klingele’s requirement that ‘[district courts are obligated to advise prisoner pro per litigants of Rule 56 requirements,’ may be met by the summary judgment movant providing the prisoner with notice.” Rand v. Rowland, 154 F.3d 952, 960 (9th Cir. 1998) (en banc) (quoting Klingele v. Eikenberry, 849 F.2d 409, 411-12 (9th Cir. 1988)).

Wright also argues that the district court abused its discretion in refusing to extend the discovery period before ruling on the summary judgment motion. After…