ROBERT MIX V. LINDSAY CUNNINGHAM, No. 17-15199 (9th Cir. 2018)
Annotate this Case
Download PDF
FILED NOT FOR PUBLICATION FEB 22 2018 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT ROBERT D. MIX, U.S. COURT OF APPEALS No. 17-15199 Plaintiff-Appellant, D.C. No. 1:13-cv-00823-AWI-MJS v. MEMORANDUM* LINDSAY CUNNINGHAM; WILLOW SALOUM, Dr., Defendants-Appellees. Appeal from the United States District Court for the Eastern District of California Anthony W. Ishii, District Judge, Presiding Submitted February 13, 2018** Before: LEAVY, FERNANDEZ, and MURGUIA, Circuit Judges. Robert D. Mix, a civilly committed resident at Coalinga State Hospital, appeals pro se from a jury verdict in his 42 U.S.C. § 1983 action alleging a failureto-protect claim. We have jurisdiction under 28 U.S.C. § 1291. We affirm. The district court did not abuse its discretion by denying Mix’s motion to * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). reopen discovery, his requests for various non-party hospital records, and his requests for police and Fresno County superior court records, because Mix failed to show denial of his requests resulted in substantial prejudice. See Laub v. U.S. Dep’t of Interior, 342 F.3d 1080, 1084, 1093 (9th Cir. 2003) (setting forth standard of review and noting that a district court’s “decision to deny discovery will not be disturbed except upon the clearest showing that the denial of discovery results in actual and substantial prejudice to the complaining litigant.” (citation and internal quotation marks omitted)). The district court did not abuse its discretion by denying Mix’s motion for a continuance to obtain counsel because the pertinent factors weighed in favor of denial of the continuance. See United States v. 2.61 Acres of Land, More or Less, Situated in Mariposa Cty., 791 F.2d 666, 670-71 (9th Cir. 1986) (setting forth standard of review and factors to be considered in reviewing the denial of a requested continuance). The district court did not abuse its discretion by excluding Walker and Mendoza as witnesses because they were not disclosed in accordance with the pretrial order. See id.; Galdamez v. Potter, 415 F.3d 1015, 1020 (9th Cir. 2005) (stating factors to be considered in evaluating a motion to amend a pretrial order). 2 17-15199 As to Walker and Mendoza’s written declarations, Mix did not preserve this issue for appeal because he withdrew his request to admit the declarations. See Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir. 1999) (we will not consider matters not properly raised before the district court) We reject as without merit Mix’s contention that the district court erred by not granting him an additional opportunity to amend his complaint after the district court’s deadline for amending the complaint. We do not consider arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009). Mix’s request for judicial notice (Docket Entry No. 23) is denied. AFFIRMED. 3 17-15199
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
