Unpublished Disposition, 937 F.2d 612 (9th Cir. 1991)

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U.S. Court of Appeals for the Ninth Circuit - 937 F.2d 612 (9th Cir. 1991)

William Richard HIBBETS, Plaintiff-Appellant,v.DEL NORTE COUNTY JAIL, Sheriff Tom Hopper, Sergeant DelEdwards, Sergeant Steve Villian, Defendants-Appellees.

No. 89-15397.

United States Court of Appeals, Ninth Circuit.

Submitted June 11, 1991.^* Decided June 28, 1991.

Before BEEZER, NOONAN and FERNANDEZ, Circuit Judges.

MEMORANDUM^**

Appellant has failed to show how the information he sought would preclude summary judgment. See Garrett v. City and County of San Francisco, 818 F.2d 1515, 1518 (9th Cir. 1987). The declarations before the district court did not create a dispute of material fact requiring an evidentiary hearing. The court did not abuse its discretion by effectively denying appellant's request for further discovery. See Mackey v. Pioneer Nat'l Bank, 867 F.2d 520, 523 (9th Cir. 1989) (refusal to permit further discovery before ruling on summary judgment motion reviewed for abuse of discretion).

AFFIRMED.

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); Ninth Circuit Rule 34-4

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

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