Darryl Wesley Von Funderburk v. Sherman Block County of Los Angeles

68 F.3d 482 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Darryl Wesley von FUNDERBURK, Plaintiff-Appellant, v. Sherman BLOCK; County of Los Angeles, Defendants-Appellees. No. 95-55421. United States Court of Appeals, Ninth Circuit. Submitted Oct. 11, 1995. * Decided Oct. 20, 1995. Before: BEEZER, THOMPSON, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Darryl W. von Funderburk, a California state prisoner, appeals pro se the district court's grant of summary judgment for defendants on his Eighth Amendment claim brought pursuant to 42 U.S.C. Sec. 1983 . Funderburk also appeals the district court's denial of his motion for leave to amend his complaint. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 3 We review the district court's grant of summary judgment de novo. McGuckin v. Smith, 974 F.2d 1050, 1059 (9th Cir. 1992). "We review for abuse of discretion a district court's decision whether to allow an amendment to add a new defendant ...." Merritt v.…