FILED
NOT FOR PUBLICATION SEP 04 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARTINEZ AYTCH, No. 13-17387
Plaintiff - Appellant, D.C. No. 2:08-cv-01773-VCF
v.
MEMORANDUM*
CYNTHIA SABLICA; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the District of Nevada
Cam Ferenbach, Magistrate Judge, Presiding**
Submitted August 25, 2015***
Before: McKEOWN, CLIFTON, and HURWITZ, Circuit Judges.
Nevada state prisoner Martinez Atych appeals pro se from the district court’s
judgment following a jury verdict in his 42 U.S.C. § 1983 action alleging that
*
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).
prison officials were deliberately indifferent to his dental needs. We have
jurisdiction under 28 U.S.C. § 1291. We affirm.
We cannot review Atych’s claims of error at trial because Atych failed to
provide a trial transcript. See Fed. R. App. P. 10(b)(2); Syncom Capital Corp. v.
Wade, 924 F.2d 167, 169 (9th Cir. 1991) (per curiam) (dismissing appeal by pro se
appellant for failure to provide trial transcripts).
The district court did not abuse its discretion in denying Atych’s motion to
compel discovery, or his motion for an extension of time to complete discovery,
because Atych failed to establish that the denials caused substantial prejudice. See
Mabe v. San Bernardino Cnty., Dep’t of Pub. Soc. Servs., 237 F.3d 1101, 1112 (9th
Cir. 2001) (stating standard of review); Hallet v. Morgan, 296 F.3d 732, 751 (9th
Cir. 2002) (explaining that a district court’s decision to deny discovery “will not be
disturbed except upon the clearest showing that denial of discovery results in
actual and substantial prejudice to the complaining litigant” (citation and internal
quotation marks omitted)).
AFFIRMED.
2 13-17387