FILED
NOT FOR PUBLICATION MAR 15 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
CESAR URIBE, No. 10-17845
Plaintiff - Appellant, D.C. No. 1:07-cv-01064-GMS
v.
MEMORANDUM *
BHATT, Physician,
Defendant - Appellee.
Appeal from the United States District Court
for the Eastern District of California
G. Murray Snow, District Judge, Presiding
Submitted March 6, 2012 **
Before: B. FLETCHER, REINHARDT, and TASHIMA, Circuit Judges.
Cesar Uribe, a California state prisoner, appeals pro se from the district
court’s summary judgment in his 42 U.S.C. § 1983 action alleging deliberate
indifference to his serious medical needs. We have jurisdiction under 28
*
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).
U.S.C. § 1291. We review de novo. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th
Cir. 2004). We affirm.
The district court properly granted summary judgment because Uribe did not
raise a genuine dispute of material fact as to whether defendant was deliberately
indifferent to his serious medical needs in treating his nausea. See Toguchi, 391
F.3d at 1057-58 (prison officials act with deliberate indifference only if they know
of and disregard an excessive risk to a prisoner’s health; a difference of opinion
about the best course of medical treatment does not amount to deliberate
indifference absent a showing that the course of treatment prescribed was
medically unacceptable).
The district court did not abuse its discretion in denying Uribe’s requests for
non-party depositions where the requests were untimely, and there was no showing
that the denial of the discovery requests resulted in actual and substantial prejudice.
See Hallett v. Morgan, 296 F.3d 732, 751 (9th Cir. 2002) (district court’s “broad
discretion . . . to permit or deny discovery . . .will not be disturbed except upon the
clearest showing that denial of discovery results in actual and substantial
prejudice”) (citation and internal quotation marks omitted)).
Uribe’s pending motion for leave of court to withhold his identity from
public disclosure is denied. However, in response to his motion, the Clerk is
2 10-17845
ordered to seal all records in this case.
AFFIRMED.
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