FILED
NOT FOR PUBLICATION OCT 9 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
NICK WILLIAM WOODALL, No. 12-16480
Plaintiff - Appellant, D.C. No. 1:08-cv-01948-LJO-DLB
v.
MEMORANDUM*
A. RAYGOSA, CO,
Defendant - Appellee.
Appeal from the United States District Court
for the Eastern District of California
Lawrence J. O’Neill, District Judge, Presiding
Submitted September 24, 2013**
Before: RAWLINSON, N.R. SMITH, and CHRISTEN, Circuit Judges.
Nick William Woodall, a California state prisoner, appeals pro se from the
district court’s judgment following a jury trial in his 42 U.S.C. § 1983 action
alleging deliberate indifference. We have jurisdiction under 28 U.S.C. § 1291. We
review for an abuse of discretion a district court’s rulings concerning discovery,
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
including the imposition of discovery sanctions. See Goodman v. Staples The
Office Superstore, LLC, 644 F.3d 817, 822 (9th Cir. 2011). We affirm.
The district court did not abuse its discretion in prohibiting Woodall from
using an expert witness at trial because Woodall failed to disclose the witness in a
timely manner and failed to show that his error was substantially justified or
harmless. See id. at 827 (affirming the exclusion of medical expert testimony
following a delay in proper disclosure); Yeti by Molly, Ltd. v. Deckers Outdoor
Corp., 259 F.3d 1101, 1106 (9th Cir. 2001) (this court affords “particularly wide
latitude” to a district court’s decision to exclude testimony for failing to fulfill
required disclosure requirements).
AFFIRMED.
2 12-16480