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177 F. App'x 624

Chatmon v. Freeman

U.S. Courts of Appeals

Decided April 17, 2006

U.S. Courts of Appeals · decided 2006-04-17

Applies 28 U.S.C. § 1291 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on McGuckin v. Smith · WMX Technologies, Inc. v. Miller · Patrick Hugh Morrison v. Frank Hall Director of the Oregon Department of Corrections

Decided 2006-04-17

¶1MEMORANDUM …

¶2Joe N. Chatmon, a California state prisoner, appeals pro se from the district court’s judgment in favor of defendants in his 42 U.S.C. § 1983 action alleging deliberate indifference to his serious medical needs stemming from a foot injury. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court’s grant of summary judgment, Morrison v. Hall, 261 F.3d 896, 900 (9th Cir.2001), and we affirm.

¶3The district court properly granted summary judgment for defendants because Chatmon failed to raise a genuine issue of material fact as to whether he suffered from a serious medical condition. See McGuckin v. Smith, 974 F.2d 1050, 1059 (9th Cir.1992), overruled on other grounds, WMX Techs., Inc. v. Miller, 104 F.3d 1133 (9th Cir.1997) (en banc).

¶4Chatmon’s motion for injunctive relief is denied as moot.

¶5AFFIRMED.

¶6 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

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