Govind

Govind v. Sims

Good Law
325 F. App'x 505
United States Court of Appeals for the Ninth CircuitApril 27, 2009No. 07-55496California484 words

Opinion

Lead Opinion

MEMORANDUM **

Daniel H. Govind, a California state prisoner, appeals pro se from the district court’s judgment following a jury trial in his 42 U.S.C. § 1983 action alleging that prison guards violated his civil rights. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s dismissal for failure to state a claim and its grant of summary judgment. Arpin v. Santa Clara Valley Transp. Agency, 261 F.3d 912 , 919, 923 (9th Cir.2001). We review for an abuse of discretion the district court’s denial of a motion to amend the complaint, Ward v. Circus Circus Casinos, Inc., 473 F.3d 994, 1000 (9th Cir.2007), and the denial of a preliminary injunction, Harris v. Board of Supervisors, L.A. County, 366 F.3d 754, 760 (9th Cir.2004). We affirm.

We affirm for the reasons stated in the district court’s partial summary judgment order, entered July 21, 2006 in favor of defendant Sims, and partial dismissal order, entered August 2, 2006 in favor of defendant Adams.

Further, the district court did not abuse its discretion by denying Govind’s motion to file a Second Amended Complaint because Govind had already been given the opportunity to cure the defects in his…

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