Court of Appeals for the Ninth Circuit October 23, 2003, No. 02-35784; D.C. No. CV-01-00016-DWM (Simms v. Bozeman Deaconess Hospital)

MEMORANDUM **

Randall Simms appeals the grant of summary judgment below.

Simms failed to comply with Federal Rule of Civil Procedure 56(f), which specifies that a party requesting the district court to exercise its discretion to allow for further discovery prior to summary judgment must file an affidavit in support of his request.