Samuel Song, Plaintiff-appellant, v. Rodney Countryman; George Kaiser, M.d.; Melloneseharrison; Jame D. Potter; Craig Farwell; Paulg. Adams; William Valentine; Donnacaldwell, Defendants-appellees, 105 F.3d 666 (9th Cir. 1996)

MEMORANDUM^** 

Samuel Song, a Nevada state prisoner, appeals pro se the district court's summary judgment in favor of defendants in Song's 42 U.S.C. § 1983 action. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo the district court's grant of summary judgment, see McGuckin v. Smith, 974 F.2d 1050, 1059 (9th Cir. 1991), and for abuse of discretion the district court's decision not to permit additional discovery pursuant to Fed. R. Civ. P. 56(f) prior to granting summary judgment, see Maljack Prods., Inc. v. GoodTimes Home Video Corp., 81 F.3d 881, 887 (9th Cir. 1996). We affirm for the reasons stated in the report and recommendation of the magistrate judge filed on July 17, 1995, and adopted by the district court on September 13, 1995.

Insofar as Song contends that he should have been granted leave to amend his complaint, the district court did not err by denying Song's motion for leave to amend because any attempt to amend would be futile. See Noll v. Carlson, 809 F.2d 1446, 1448 (9th Cir. 1987).

Insofar as Song contends that his Fed. R. Civ. P. 56(f) motion should have been granted, because Song's affidavit did not show how further discovery would reveal information that would raise a genuine issue of material fact as to the denial of due process in his disciplinary hearing, and deliberate indifference to his medical needs, the district court did not abuse its discretion in not allowing Song to conduct discovery before granting summary judgment. See Mackey v. Pioneer Nat'l Bank, 867 F.2d 520, 524 (9th Cir. 1989).¹ 

AFFIRMED.²