Opinion
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NOT FOR PUBLICATION.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)
State prisoner brought action alleging deliberate indifference to his medical needs. The United States District Court for the Eastern District of California, Garland E. Burrell, J., granted summary judgment for defendant. Prisoner appealed. The Court of Appeals held that 45-minute delay in providing medical treatment to prisoner did not amount to deliberate indifference to prisoner's medical needs.
Affirmed.
Page 817.
Appeal from the United States District Court for the Eastern District of California Garland E. Burrell, District Judge, Presiding.
Before KLEINFELD, McKEOWN, and FISHER, Circuit Judges.
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.
Darrell Rowland, a California state prisoner, appeals pro se the summary judgment of the district court in his action alleging deliberate indifference to medical needs. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
We review summary judgment de novo. McGuckin v. Smith, 974 F.2d 1050, 1059 (9th Cir.1992), overruled on other grounds, WMX Techs., Inc. v. Miller, 104 F.3d 1133 (9th Cir.1997) (en banc). The district court properly concluded that the 45-minute delay in treatment did not amount to deliberate indifference because Rowland did not present any medical evidence showing that the delay caused him further injury, even though he fainted. See id. at 1060, 1062; Wood v. Housewright, 900 F.2d 1332, 1334-35 (9th Cir.1990).
AFFIRMED.