Cedric GREENE, Jr., Plaintiff-Appellant, v. B. SANDERS; et al., Defendants-Appellees, 503 F. App'x 528

MEMORANDUM Former California state prisoner Cedric Greene, Jr., appeals pro se from the district court’s judgment following a jury trial in his 42 U.S.C. § 1983 action alleging violations of his Eighth Amendment rights. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion a ruling on a motion to continue, Danjaq LLC v. Sony Corp., 263 F.3d 942, 961 (9th Cir.2001), and we affirm.

The district court did not abuse its discretion in denying Greene’s motion for a continuance because Greene had not demonstrated diligence in his efforts to prepare his defense prior to the date set for trial, a continuance on the day of trial would have seriously inconvenienced the court and defendants, and Greene has failed to establish that he was prejudiced by the denial. See United States v. Flynt, 756 F.2d 1352,1359 (9th Cir.1985). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.