Curtis Jackson v. Dye

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS AUG 14 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT CURTIS RENEE JACKSON, No. 16-16849 Plaintiff-Appellant, D.C. No. 1:14-cv-00222-LJO-SAB v. MEMORANDUM* DYE, Registered Nurse; L. MILLS, Licensed Vocational Nurse, Defendants-Appellees. Appeal from the United States District Court for the Eastern District of California Lawrence J. O’Neill, Chief Judge, Presiding Submitted August 9, 2017** Before: SCHROEDER, TASHIMA, and M. SMITH, Circuit Judges. Curtis Renee Jackson, a California state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging deliberate indifference to his serious medical needs. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Cir. 2004). We affirm. The district court properly granted summary judgment because Jackson failed to raise a genuine dispute of material fact as to whether defendants were deliberately indifferent to Jackson’s urinary tract infection. See id. at 1057-60 (a prison official acts with deliberate indifference only if he or she knows of and disregards an excessive risk to the prisoner’s health; negligence is insufficient to establish deliberate indifference). AFFIRMED. 2 16-16849