Opinion
No. 13-15127 D.C. No. 3:10-cv-00088-RCJ
03-10-2014
RODERICK SAWYER, Plaintiff - Appellant, v. MORROW COLE; et al., Defendants - Appellees.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the District of Nevada
Robert Clive Jones, Chief Judge, Presiding
Before: PREGERSON, LEAVY, and MURGUIA, Circuit Judges.
Nevada state prisoner Roderick Sawyer appeals pro se from the district court's summary judgment in his 42 U.S.C. § 1983 action alleging Eighth Amendment violations arising from unsanitary conditions of confinement. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir. 2004), and we affirm.
The district court properly granted summary judgment because Sawyer failed to raise a genuine dispute of material fact as to whether defendants consciously disregarded an excessive risk to Sawyer's health by exposing him to unsanitary conditions in his cell and denying him adequate cleaning supplies. See id., 391 F.3d at 1058 (prison officials are deliberately indifferent only if they know of and disregard an excessive risk of serious harm to inmate health).
AFFIRMED.