Crawford

Miller v. Crawford

Good Law
276 F. App'x 668
United States Court of Appeals for the Ninth CircuitMay 2, 2008No. 05-15829California405 words

Opinion

Lead Opinion

MEMORANDUM ***

Mark Miller, a Nevada state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that prison officials and medical personnel were deliberately indifferent to his serious medical needs. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo summary judgment. Boston Mut. Ins. v. Murphree, 242 F.3d 899 , 902 (9th Cir.2001). We review for abuse of discretion the denial of leave to amend, Yakama Indian Nation v. State of Wash. Dep’t of Revenue, 176 F.3d 1241, 1246 (9th Cir.1999), and the denial of appointment of counsel, Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir.1991). We affirm.

The district court did not abuse its discretion when it denied Miller’s “motion to supplement complaint” because the addition of new claims and new defendants would have caused additional prejudice to the existing defendants and would have caused undue delay. See Yakama Indian Nation, 176 F.3d at 1246 .

In Miller’s prior preliminary injunction appeal, we concluded that he failed to demonstrate a likelihood of success on the merits. Miller v. Crawford, No. 03-15916 (9th Cir. Dec. 15, 2003) (memorandum). Therefore, the…

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