Gaither v. Myler

Full title: Michael Lane GAITHER, Plaintiff-Appellant, v. C. MYLER; et al.…

Court: United States Court of Appeals, Ninth Circuit

Date published: Apr 18, 2001

8 F. App'x 675 (9th Cir. 2001)

Opinion

8 Fed.Appx. 675 (9th Cir. 2001) Michael Lane GAITHER, Plaintiff-Appellant, v. C. MYLER; et al., Defendants-Appellees. No. 00-55625. D.C. No. CV-98-02160-LSP. United States Court of Appeals, Ninth Circuit. April 18, 2001

Submitted April 9, 2001. ^*

* 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NOT FOR PUBLICATION.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 Southern District of California Leo S. Papas, Magistrate Judge, Presiding. ^**

** The parties consented to proceed before a magistrate judge (CR 1 and 10).

Before CANBY, KOZINSKI, and RYMER, 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 may be provided by 9th Cir. R. 36-3.

Michael Lane Gaither, a California state prisoner, appeals pro se the district court's

Page 676.

summary judgment for defendants in his 42 U.S.C. § 1983 action alleging deliberate indifference to his serious medical needs in violation of the Eighth Amendment. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo the district court's grant of summary judgment. See Barnett v. Centoni, 31 F.3d 813, 815 (9th Cir.1994) (per curiam).

Upon our review of the record, we agree with the district court that defendants acted reasonably in light of Gaither's medical problems. Accordingly, we affirm the district court's grant of summary judgment. See Farmer v. Brennan, 511 U.S. 825, 844-45, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994).

AFFIRMED.