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Hibbets v. Del Norte County Jail

filed*fn*: June 28, 1991.

WILLIAM RICHARD HIBBETS, PLAINTIFF-APPELLANT,
v.
DEL NORTE COUNTY JAIL; SHERIFF TOM HOPPER; SERGEANT DEL EDWARDS; SERGEANT STEVE VILLIAN, DEFENDANTS-APPELLEES



On Appeal From the United States District Court for the Northern District of California; Charles A. Legge, District Judge, Presiding; D.C. No. CV-86-6962-CAL.

Beezer, Noonan and Fernandez, Circuit Judges.

MEMORANDUM

Appellant has failed to show how the information he sought would preclude summary judgment. See Garrett v. City and County of San Francisco, 818 F.2d 1515, 1518 (9th Cir. 1987). The declarations before the district court did not create a dispute of material fact requiring an evidentiary hearing. The court did not abuse its discretion by effectively denying appellant's request for further discovery. See Mackey v. Pioneer Nat'l Bank, 867 F.2d 520, 523 (9th Cir. 1989) (refusal to permit further discovery before ruling on summary judgment motion reviewed for abuse of discretion).

AFFIRME ...


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