Dante Love v. Eilya Modhaddam

MEMORANDUM

Plaintiff-Appellant Dante Love (“Appellant” or “Love”) appeals the district court’s denial of his request for additional discovery pursuant to Fed.R.Civ.P. 56(f) (the predecessor to current Fed.R.Civ.P. 56(d)) and the attendant adverse grant of summary judgment on his 42 U.S.C. § 1983 action alleging that Defendant-Appellee Dr. Eilya Modhaddam (“Appellee” or “Mo-dhaddam”), a prison physician at California State Prison Sacramento, acted with deliberate indifference to Love’s serious medical needs. In particular, Love argues on appeal that he needed a copy of the transcript of his own deposition in order to present critical facts to oppose Modhad-dam’s motion for summary judgment, and the district court’s failure to provide him with a copy of the deposition transcript pursuant to Fed.R.Civ.P. 56(f) warrants a reversal of the summary judgment granted in Modhaddam’s favor. We have jurisdiction under 28 U.S.C. § 1291 and review for an abuse of discretion a district court’s decision denying discovery under former Fed.R.Civ.P. 56(f). Jones v. Blanas, 393 F.3d 918, 926 (9th Cir.2004). We affirm.

Love could have provided the district court with an affidavit or declaration…