Owens

Owens v. Kershaw

Good Law
56 F. App'x 366
United States Court of Appeals for the Ninth CircuitFebruary 14, 2003No. 02-35448; D.C. No. CV-00-05037-FVSCalifornia334 words

Opinion

Lead Opinion

MEMORANDUM **

Lawrence Owens, a Washington state prisoner, appeals pro se the district court’s summary judgment in favor of prison officials in his 42 U.S.C. § 1983 action alleging retaliation and denial of access to the courts. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Barnett v. Centoni, 31 F.3d 813, 815 (9th Cir.1994) (per curiam), and affirm.

We reject Owens’s contention that the district court erred by dismissing his complaint for failure to exhaust administrative remedies. Athough the district court stated that “it does not appear that” Owens exhausted all administrative remedies, the court nevertheless reached the merits of his claims. We affirm summary judgment in favor of the defendants on the merits of Owens’s claims.

Because the record shows that Owens conducted extensive discovery to which the defendants responded, the district court did not abuse its discretion by denying Owens’s motions to compel discovery. See Epstein v. MCA, Inc., 54 F.3d 1422, 1423 (9th Cir.1995) (“the right of a party to obtain discovery is not unlimited”); Volk v. D.A. Davidson & Co., 816 F.2d 1406,1416-17 (9th Cir.1987) (“A district court has wide latitude in…

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