Will Palmer v. G. Salazar

U.S. Court of Appeals for the Ninth Circuit
Will Palmer v. G. Salazar, 498 F. App'x 721 (9th Cir. 2012)

Will Palmer v. G. Salazar

Opinion

MEMORANDUM **

Will Moses Palmer, III, a California state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging due process violations in connection with a disciplinary hearing. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, *722 Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir. 2004), and we affirm.

The district court properly granted summary judgment because Palmer failed to raise a genuine dispute of material fact as to whether he was improperly denied procedural protections during his disciplinary hearing. See Wolff v. McDonnell, 418 U.S. 539, 556, 564-70, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974) (describing minimum procedural due process protections in prison disciplinary proceedings and noting that the “full panoply of rights” due a defendant in criminal proceedings does not apply).

The district court did not abuse its discretion in staying discovery pending a ruling on defendants’ summary judgment motion. See Dunn v. Castro, 621 F.3d 1196, 1199 (9th Cir. 2010) (“Qualified immunity confers upon officials a right, not merely to avoid standing trial, but also to avoid the burdens of such pretrial matters as discovery.” (citation and internal quotation marks omitted)); Alaska Cargo Transp., Inc. v. Alaska R.R., 5 F.3d 378, 383 (9th Cir. 1993) (setting forth standard of review).

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
Will Moses PALMER, III, Plaintiff-Appellant, v. G.R. SALAZAR; E. Sanchez, Defendants-Appellees
Status
Unpublished