Baxter

MEMORANDUM *

Ronnie Baxter (“Baxter”), a former Nevada Department of Corrections (“NDOC”) inmate, appeals from the judgment in favor of Dr. Ted D’Amico (“D’Amico”), the NDOC’s former medical director, following a jury trial on his Eighth Amendment deliberate indifference claim. Baxter also appeals the district court’s pretrial dismissal of his pendant state law negligence claim.

I.

While Baxter was in and out of prison between 2001 and 2006, he suffered a serious medical ear condition. The jury found that D’Amico was not liable under the Eighth Amendment for denying Baxter a specific surgical procedure to treat that condition.

*698 On appeal, Baxter seeks a new trial based on alleged errors in the jury instructions and evidentiary rulings. Baxter’s assertions of error with respect to three evidentiary rulings are unavailing. First, the district court did not abuse its discretion in excluding the 2006 audiology test because Baxter failed to produce it to the defense prior to trial, and neglected to authenticate it. See United States v. Pang, 362 F.3d 1187, 1192-93 (9th Cir. 2004). Second, the district court did not abuse its discretion in allowing Dr. Carrison (“Carrison”) to…