Richard A. Barker, Eric Dean; Thomas L. Goldstein; Joshuahill, Plaintiff,anddavid Wayne Johnson, Plaintiff-appellant, v. Pete Wilson, Governor, State of California; James Gomez,director of Corrections; Peggy Kernan, Warden, Californiastate Prison Solano; A. Newland, Chief Deputy Warden,california State Prison Solano, Defendants-appellees, 122 F.3d 1069 (9th Cir. 1997)

MEMORANDUM^* 

California state prisoner David Wayne Johnson appeals pro se the district court's denial of his motions to compel, and the court's summary judgment dismissal of his 42 U.S.C. § 1983 action challenging the conditions of his confinement. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

First, the district court did not abuse its discretion by denying Johnson's motions to compel. See Smith v. Hughes Aircraft Co., 22 F.3d 1432, 1441 (9th Cir. 1994) (standard of review); Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607 (9th Cir. 1992) (district court has broad discretion in supervising pretrial phase of litigation). Second, the district court correctly granted defendants summary judgment, because we agree with the court that Johnson failed to present any evidence to support his claims that (1) the cell temperatures of which he complained were extreme, (2) he suffered or was exposed to an unreasonable risk of serious harm, and (3) defendants were deliberately indifferent to his health and safety. See Helling v. McKinney, 509 U.S. 25, 33-36 (1993); Wilson v. Seiter, 501 U.S. 294, 302-04 (1991). Last, the district court properly construed Johnson's motion for reconsideration as objections to the magistrate judge's findings and recommendations. See 28 U.S.C. § 636(b) (1) (C); E.D. Cal. L.R. 304.

AFFIRMED.