FILED
NOT FOR PUBLICATION JUL 05 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
DESHA M. CARTER, No. 10-15261
Plaintiff - Appellant, D.C. No. 1:05-cv-01057-LJO-DLB
v.
MEMORANDUM *
S. BUTLER and S. ROUSSEAU,
Defendants - Appellees.
Appeal from the United States District Court
for the Eastern District of California
Lawrence J. O’Neill, District Judge, Presiding
Submitted June 15, 2011 **
Before: CANBY, O’SCANNLAIN, and FISHER, Circuit Judges.
Former California state prisoner Desha M. Carter appeals pro se from the
district court’s judgment following a jury trial in his 42 U.S.C. § 1983 action
alleging violations of his Eighth Amendment and due process rights. We have
jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion the
*
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).
district court’s 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 Carter’s motions for
a continuance because the likely utility of the continuance was low, the
continuance would have seriously inconvenienced the court and defendants, and
Carter 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 10-15261