Unpublished Disposition, 887 F.2d 1089 (9th Cir. 1989)

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U.S. Court of Appeals for the Ninth Circuit - 887 F.2d 1089 (9th Cir. 1989)

Henry ANDERSON, Plaintiff-Appellant,v.Mary Ann HULSE, Defendant-Appellee,andJuanita Doe, Defendant-Appellee.

No. 88-1888.

United States Court of Appeals, Ninth Circuit.

Submitted July 28, 1989.* Decided Oct. 2, 1989.

Before JAMES R. BROWNING, KOZINSKI and RYMER, Circuit Judges.

MEMORANDUM** 

Appellees' uncontradicted affidavit and exhibits conclusively demonstrate appellees did not prepare the requested transcript because appellant failed to file the requisite timely written notice designating the papers or records to be incorporated into the transcript. Because appellant was unable to offer any evidence of unlawful conduct on the part of appellees, the district court properly granted appellees' motion for summary judgment. See Scoggins v. Boeing Co., 742 F.2d 1225, 1230 (9th Cir. 1984). Moreover, appellant had ample opportunity to present his arguments in his moving papers and is unable to demonstrate the district court's denial of oral argument was an abuse of discretion under E.D. Cal. L.R. 230(h).

The district court is AFFIRMED.

 *

The panel finds this case appropriate for submission without argument pursuant to 9th Cir.R. 34-4 and Fed. R. App. P. 34(a)

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

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