Cervantes

MEMORANDUM *

Arizona state prisoner Louis Thomas Cervantes appeals the district court’s summary judgment in favor of Arizona Department of Corrections (ADC) employees and Dr. Jabczenski, in Cervantes’s 42 U.S.C. § 1983 action which alleged that the defendants failed to provide him with constitutionally adequate medical treatment to control pain and repair damaged plates in his right elbow. Cervantes also alleged unlawful retaliation for his bringing an action in state court, use of excessive force by a prison employee and due process violations in a prison disciplinary proceedings. We have jurisdiction under 28 U.S.C. § 1291 and, after de novo review, we affirm in part and reverse and remand in part.

A. Summary Judgment Procedures

The record demonstrates that Cervantes understood the nature of summary judgment and responded to defendants’ *699 motion with an affidavit and hundreds of pages of documentary evidence. Therefore, the district court did not err when it granted summary judgment to defendants without providing notice to Cervantes under Rand v. Rowland, 154 F.3d 952, 961 (9th Cir.1998) (en banc).

The district court’s determination that additional discovery was not…