FILED
NOT FOR PUBLICATION FEB 25 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
KENNETH LAW, No. 09-17686
Plaintiff - Appellant, D.C. No. 07-cv-00262-ECR-VPC
v.
MEMORANDUM *
E.K. McDANIEL, Warden; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the District of Nevada
Edward C. Reed, District Judge, Presiding
Submitted February 15, 2011 **
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Kenneth Law, a Nevada state prisoner, appeals pro se from the district
court’s summary judgment in his 42 U.S.C. § 1983 action alleging that prison
officials were deliberately indifferent to his safety. We have jurisdiction under 28
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
U.S.C. § 1291. We review de novo, Oliver v. Keller, 289 F.3d 623, 626 (9th Cir.
2002), and we affirm.
The district court properly granted summary judgment because Law failed to
raise a genuine issue of material fact as to whether defendants had a culpable state
of mind when approving requests for a copy of a book containing information that
posed a risk to Law’s safety, or allowing the book into the prison facility. See
Farmer v. Brennan, 511 U.S. 825, 837 (1994) (“[A] prison official cannot be found
liable [for deliberate indifference] unless the official knows of and disregards an
excessive risk to inmate . . . safety.”).
AFFIRMED.
2 09-17686