Michael Yellen v. Ana Olivarez

MEMORANDUM

Michael Yellen appeals the district court’s order granting summary judgment in favor of Defendants on his Eighth Amendment claim under 42 U.S.C. § 1983 . Yellen alleged he was subjected to cruel and unusual punishment while incarcerated at Deuel Vocational Institution (DVI) because the water at DVI appeared, smelled, and tasted bad,, and was harmful to his health. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Yellen contends the district court erred by denying his motion to reopen discovery filed over ten years after discovery closed. Yellen requested additional discovery related to a $36,000,000 water treatment plant that was installed at DVI after he left, and he requested an order permitting him to access DVI to collect additional water samples. The district court has “wide latitude” over discovery decisions, and we review its decisions for abuse of discretion. Volk v. D.A. Davidson & Co., 816 F.2d 1406, 1416-17 (9th Cir. 1987). The court “abuses its discretion only if the movant diligently pursued its previous discovery oppoi’tunities, and if the movant can show how allowing additional discovery would have precluded summary judgment.” Panatronic USA…