FILED
NOT FOR PUBLICATION MAR 17 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
RODERICK SAWYER, No. 13-15127
Plaintiff - Appellant, D.C. No. 3:10-cv-00088-RCJ
v.
MEMORANDUM*
MORROW COLE; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the District of Nevada
Robert Clive Jones, Chief Judge, Presiding
Submitted March 10, 2014**
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
*
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).
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.
2 13-15127