Diaz
Williams v. Diaz
Opinion
Lead Opinion
MEMORANDUM **
Gerry Williams, a California state prisoner, appeals pro se from the district court’s judgment after a jury trial in his 42 U.S.C. § 1983 action alleging, inter alia, that correctional officer Diaz retaliated against him for exercising his First Anendment rights. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review for an abuse of discretion. Brother Records, Inc. v. Jardine, 318 F.3d 900, 911 (9th Cir.2003) (motion to amend); Tritchler v. County of Lake, 358 F.3d 1150, 1155 (9th Cir.2004) (evidentiary ruling); Hallett v. Morgan, 296 F.3d 732, 751 (9th Cir. 2002) (discovery ruling); Campbell v. Burt, *727 141 F.3d 927, 931 (9th Cir.1998) (appointment of counsel). We affirm.
The district court did not abuse its discretion by denying Williams’s motion to amend the complaint under Federal Rule of Civil Procedure 15(b) because Diaz did not expressly or impliedly consent to try the new claim. See Patelco Credit Union v. Sahni, 262 F.3d 897, 906-907 (9th Cir. 2001); see also Save Lake Wash. v. Frank, 641 F.2d 1330 , 1340 (9th Cir.1981) (stating that a district court may properly reject an amendment that prejudices a defendant).