Brian Gray v. Isidro Baca

NOT FOR PUBLICATION FILED FEB 25 2022 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

BRIAN KEVIN GRAY, No. 20-17337

Plaintiff-Appellant, D.C. No. 3:16-cv-00716-MMD-CLB

v. MEMORANDUM* ISIDRO BACA, Warden; BRIAN WARD; ROMEO ARANAS; T. WICKHAM, true name: Theresa Wickham; MARKS, Doctor; true name: Dana Marks; JENNIFER, Last name unknown; CANDI BROCKAWAY, true name: Candice Brockway; true name: Candis Rambur,

Defendants-Appellees.

Appeal from the United States District Court for the District of Nevada Miranda M. Du, District Judge, Presiding

Submitted February 15, 2022** Before: FERNANDEZ, TASHIMA, and FRIEDLAND, Circuit Judges.

Nevada state prisoner Brian Kevin Gray appeals pro se from the district

* 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).

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 Cir. 2004). We affirm.

The district court properly granted summary judgment because Gray failed to raise a genuine dispute of material fact as to whether defendants unreasonably delayed in providing him with essential medications or ignored his medical symptoms. See id. at 1057-60 (holding that deliberate indifference is a “high legal standard” requiring a defendant be aware of and disregard an excessive risk to an inmate’s health; medical malpractice or negligence does not amount to deliberate indifference); Jones v. Williams, 297 F.3d 930, 934 (9th Cir. 2002) (holding that liability under § 1983 requires a showing of personal participation in the alleged rights deprivation).

AFFIRMED.

Footnotes

[2] 20-17337