Allen

MEMORANDUM ***

California state prisoner Cedric R. Allen' appeals pro se the district court’s judgment following a jury trial and orders denying his motions for a new trial and relief from judgment in his civil rights action, which alleged retaliation and excessive force. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo whether a jury instruction misstates elements of a constitutional violation, Caballero v. City of Concord, 956 F.2d 204, 206 (9th Cir.1992), and review for abuse of discretion a denial of a request for a continuance, United States v. 2.61 Acres of Land, 791 F.2d 666, 671 (9th Cir.1985) (per curiam). We affirm.

The district court did not abuse its discretion by denying Allen’s request for a continuance because Allen did not show that he was prejudiced by the denial of the request, and further delay would have inconvenienced the court and the opposing parties. See 2.61 Acres of Land, 791 F.2d at 671 .

We reject Allen’s contention that the closing argument of defense counsel constituted misconduct which warrants a new trial because Allen did not object to the closing argument at trial. See Kaiser Steel Corp. v. Frank Coluccio Constr. Co., 785 F.2d…