CEDRIC GREENE V. B. SANDERS, No. 12-16450 (9th Cir. 2013)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS JAN 03 2013 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT CEDRIC GREENE, Jr., No. 12-16450 Plaintiff - Appellant, D.C. No. 1:09-cv-00336-MJS v. MEMORANDUM * B. SANDERS; et al., Defendants - Appellees. Appeal from the United States District Court for the Eastern District of California Michael J. Seng, Magistrate Judge, Presiding ** Submitted December 19, 2012 *** Before: GOODWIN, WALLACE, and FISHER, Circuit Judges. Former California state prisoner Cedric Greene, Jr., appeals pro se from the district court s judgment following a jury trial in his 42 U.S.C. § 1983 action * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The parties consented to proceed before a magistrate judge. See 28 U.S.C. § 636(c). *** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). alleging violations of his Eighth Amendment rights. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion a ruling on a motion to continue, Danjaq LLC v. Sony Corp., 263 F.3d 942, 961 (9th Cir. 2001), and we affirm. The district court did not abuse its discretion in denying Greene s motion for a continuance because Greene had not demonstrated diligence in his efforts to prepare his defense prior to the date set for trial, a continuance on the day of trial would have seriously inconvenienced the court and defendants, and Greene has failed to establish that he was prejudiced by the denial. See United States v. Flynt, 756 F.2d 1352, 1359 (9th Cir. 1985). AFFIRMED. 2 12-16450

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