From Casetext: Smarter Legal Research

Nelson v. Kim

United States Court of Appeals, Ninth Circuit
Feb 21, 2006
169 F. App'x 495 (9th Cir. 2006)

Opinion

Submitted February 13, 2006.

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the Eastern District of California, Oliver W. Wanger, District Judge, Presiding.

Tarza R. Nelson, Coalinga, CA, pro se.


Before FERNANDEZ, RYMER, and BYBEE, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.

Tarza R. Nelson, a California state prisoner, appeals pro se from the district court's judgment dismissing his 42 U.S.C. § 1983 action against prison officials, alleging violation of the Eighth Amendment in the treatment of his carpal tunnel syndrome. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court's dismissal for failure to state a claim under the screening provisions of 28 U.S.C. § 1915A, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000), and we affirm.

The district court properly dismissed Nelson's Eighth Amendment claim as Nelson failed to allege that the delay in his carpal tunnel surgery led to further injury. See McGuckin v. Smith, 974 F.2d 1050

Page 496.

, 1060 (9th Cir.1992) (overruled on other grounds by WMX Technologies, Inc. v. Miller, 104 F.3d 1133 (9th Cir.1997)). The district court also properly determined that defendants' alleged failure to prescribe medicine stronger than motrin did not constitute deliberate indifference to serious medical needs. See Toguchi v. Chung, 391 F.3d 1051, 1058 (9th Cir.2004).

Nelson's remaining contentions are without merit.

AFFIRMED


Summaries of

Nelson v. Kim

United States Court of Appeals, Ninth Circuit
Feb 21, 2006
169 F. App'x 495 (9th Cir. 2006)
Case details for

Nelson v. Kim

Case Details

Full title:Tarza R. NELSON, Plaintiff--Appellant, v. KIM; et al.…

Court:United States Court of Appeals, Ninth Circuit

Date published: Feb 21, 2006

Citations

169 F. App'x 495 (9th Cir. 2006)