Ted Daniels v. O. Alvarado

MEMORANDUM

Ted Darnell Daniels, a California state prisoner, appeals pro se from the district courts’s summary judgment in his 42 U.S.C. § 1983 action alleging that prison officials used excessive force against him in violation of the Eighth Amendment. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. White v. Roper, 901 F.2d 1501, 1503 (9th Cir.1990). We affirm.

The district court properly granted summary judgment for defendants Alvarado and Harris because Daniels failed to raise a genuine dispute of material fact as to whether these defendants used physical force “maliciously and sadistically to cause him harm” rather than “in a good-faith effort to maintain or restore discipline!.]” Hudson v. McMillian, 503 U.S. 1, 6-7 , 112 S.Ct. 995 , 117 L.Ed.2d 156 (1992).

The district court did not abuse its discretion by denying Daniels’s motion for additional time to serve the summons and complaint on defendant Roberts because Daniels failed to show good cause. See Fed.R.Civ.P. 4(m) (requiring service within 120 days after the complaint is filed); Oyama v. Sheehan (In re Sheehan), 253 F.3d 507, 511-12 (9th Cir.2001) (setting forth standard of review and discussing…