FILED
NOT FOR PUBLICATION JAN 10 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
EDWARD LOPEZ DELACRUZ, No. 10-16989
Plaintiff - Appellant, D.C. No. 2:08-cv-02112-SRB
v.
MEMORANDUM *
DORA B. SCHRIRO,
Defendant,
and
BENNIE ROLLINS, Arizona Department
of Corrections (ADC) Operations Director;
et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the District of Arizona
Susan R. Bolton, District Judge, Presiding
Submitted December 19, 2011 **
*
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).
Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
Edward Lopez Delacruz, an Arizona state prisoner, appeals pro se from the
district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging violations
of his Eighth and Fourteenth Amendment rights. We have jurisdiction under 28
U.S.C. § 1291. We review de novo. Weilburg v. Shapiro, 488 F.3d 1202, 1205
(9th Cir. 2007) (dismissal under 28 U.S.C. § 1915A); Toguchi v. Chung, 391 F.3d
1051, 1056 (9th Cir. 2004) (summary judgment). We may affirm on any ground
supported by the record, Tahoe-Sierra Pres. Council, Inc. v. Tahoe Reg’l Planning
Agency, 322 F.3d 1064, 1076-77 (9th Cir. 2003), and we affirm.
The district court properly dismissed Delacruz’s deliberate indifference to
medical needs claim as to defendants Baird, Belcourt, Hegman, and Lesac for the
reasons stated in its order entered on February 10, 2009. Dismissal of this claim as
to defendants Greely and Schriro was also proper because Delacruz failed to allege
facts showing that these defendants knew of and disregarded an excessive or
substantial risk to his health. See Toguchi, 391 F.3d at 1057 (discussing the
standard for establishing deliberate indifference to an inmate’s health and safety).
The district court properly granted summary judgment for defendants
McWilliams, Melcher, and Rollins on Delacruz’s deliberate indifference to safety
claim for the reasons stated in its order entered on August 10, 2010. The district
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court also properly granted summary judgment for defendants Bartos, Grabrowski,
and Haley on this claim because Delacruz failed to raise a triable dispute as to
whether these defendants knew of and disregarded an excessive risk to his safety or
responded unreasonably to such a risk. See Farmer v. Brennan, 511 U.S. 825, 837,
844-45 (1994) (explaining the subjective prong of deliberate indifference and
noting that even if a prison official knew of a substantial risk, he is not liable if he
“responded reasonably to the risk, even if the harm ultimately was not averted”).
The district court properly granted summary judgment on Delacruz’s
procedural due process claim because even assuming a protected liberty interest,
Delacruz failed to raise a triable dispute as to whether he was denied the due
process that was required. See Wilkinson v. Austin, 545 U.S. 209, 221-30 (2005).
The district court did not abuse its discretion by denying Delacruz’s request
to reopen discovery because Delacruz failed to “‘show how allowing additional
discovery would have precluded summary judgment.’” Panatronic USA v. AT&T
Corp., 287 F.3d 840, 846 (9th Cir. 2002) (citation omitted).
The district court did not abuse its discretion by denying Delacruz’s motion
to compel production of documents where defendants had offered to permit
Delacruz to view redacted copies of the documents in a secured location in light of
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various security concerns. See Preminger v. Peake, 552 F.3d 757, 768 n.10 (9th
Cir. 2008) (standard of review).
Delacruz’s remaining contentions, including those concerning appointment
of counsel, are unpersuasive.
We do not consider Delacruz’s contentions raised for first time on appeal.
See Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir. 1999).
We do not consider any documents attached to Delacruz’s briefs that are not
part of the district court record. See Barcamerica Int’l USA Trust v. Tyfield Imps.,
Inc., 289 F.3d 589, 595 (9th Cir. 2002).
AFFIRMED.
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