Robins

Robins v. Schroeder

Good Law
196 F. App'x 518
United States Court of Appeals for the Ninth CircuitAugust 3, 2006No. 05-16169California329 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Robert Lee Robins, Jr., appeals pro se from the judgment entered in favor of defendants following a jury trial in this 42 U.S.C. § 1983 action alleging prison staff acted with deliberate indifference and violated Robins’ equal protection rights by placing him in a cold cage with inadequate clothing for one hour, and later binding him and placing him on contraband watch for three days. We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

Robins contends that the trial was tainted by evidentiary errors, jury tampering, witness intimidation, and bias, but he did not provide a transcript of the proceedings as required by Fed. R.App. P. 10(b)(2). Without a trial transcript and supporting affidavits, we are unable to review these contentions. See Syncom Capital Corp. v. Wade, 924 F.2d 167, 169 (9th Cir.1991).

Robins also contends the district court improperly considered evidence defendants submitted with their untimely motion for summary judgment in denying Robins’ motion for summary judgment. Contrary to this contention, the district court did not abuse its discretion in considering defendants’ evidence, which complied with the…

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