Calvin Donald Greene v. Garold Walker, Deputy C. Wilson, Deputy Robert G. Devine County of Los Angeles

Good Law
954 F.2d 727·1992 WL 24895·1992 U.S. App. LEXIS 6274
United States Court of Appeals for the Ninth CircuitFebruary 12, 199291-55262California352 words

Opinion

Opinion

954 F.2d 727 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Calvin Donald GREENE, Plaintiff-Appellant, v. Garold WALKER, Deputy; C. Wilson, Deputy; Robert G. Devine; County of Los Angeles, Defendants-Appellees. No. 91-55262. United States Court of Appeals, Ninth Circuit. Submitted Feb. 7, 1992. * Decided Feb. 12, 1992. Before TANG, KOZINSKI and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 The district judge denied Greene's late-filed application for a continuance of the summary judgment hearing and did not consider the papers Greene filed in opposition to defendants' summary judgment motion. This was not an abuse of discretion. See Ashton-Tate Corp. v. Ross, 916 F.2d 516, 520 (9th Cir.1990). There was no showing of "excusable neglect" for the late filing of the application, as required by Fed.R.Civ.P. 6(b)(2). 3 In any event, the district judge indicated that he examined Greene's late-filed papers to make sure he was not committing a miscarriage of justice, and determined he…

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