Case Information
*1 Before: LEAVY, W. FLETCHER, and OWENS, Circuit Judges.
California state prisoner Gerald J. Wilson appeals pro se from the district
court’s judgment following a jury verdict in favor of defendants in his 42 U.S.C.
§ 1983 action alleging deliberate indifference to serious medical needs arising from
a bunk assignment. We review for an abuse of discretion the district court’s
*2
evidentiary rulings.
Harper v. City of Los Angeles
,
The district court did not abuse its discretion by excluding the testimony of Wilson’s inmate witness because the witness declared that he lacked personal knowledge of the events at issue. See Fed. R. Evid. 701.
The district court did not abuse its discretion by admitting defendants’ exhibits into evidence because they were relevant to Wilson’s allegations that he had fallen from an upper bunk, and the medical records were admissible under the hearsay exception for records of a regularly conducted activity. See Fed. R. Evid. 401, 803(6). We reject as unsupported by the record Wilson’s contention that the district court did not rule on his motion to exclude defendants’ exhibits and trial brief.
Wilson’s arguments regarding Dr. Barnett’s expert testimony were not
raised before the district court and are waived.
Skydive Arizona, Inc. v.
Quattrocchi
,
We do not consider matters not specifically and distinctly raised and argued
in the opening brief.
See Padgett v. Wright
,
Wilson’s request for judicial notice, set forth in the opening brief, is denied. AFFIRMED.
Notes
[*] This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
[**] The panel unanimously concludes this case is suitable for decision without oral argument. Fed. R. App. P. 34(a)(2).
