Timothy L. Malumphy, Plaintiff-appellant, v. Melvin Thomas, Deputy Warden, in His Personal and Officialcapacity, Defendant-appellee, 76 F.3d 387 (9th Cir. 1996)

MEMORANDUM^** 

Timothy Malumphy, an Arizona state prisoner, appeals pro se the district court's summary judgment in favor of defendant Melvin Thomas in his 42 U.S.C. § 1983 action. We have jurisdiction pursuant to 28 U.S.C. § 1291. After a de novo review of the district court record, see Warren v. City of Carlsbad, 58 F.3d 439, 441 (9th Cir. 1995), we affirm for the reasons stated in the district court opinion filed April 19, 1995.

To the extent that Malumphy appeals the denial of his motion to compel production of documents, the district court did not abuse its discretion when it found that the documents requested were not relevant to the summary judgment issues. See Fed. R. Civ. P. 26(b) (1); United States v. Bourgeois, 964 F.2d 935, 937 (9th Cir.), cert. denied, 113 S. Ct. 290 (1992).

AFFIRMED.