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444 F. App'x 971

Robert Walters v. M. Evans

U.S. Courts of Appeals

Decided July 25, 2011

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U.S. Courts of Appeals · decided 2011-07-25

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

Relies on Wilson v. Seiter · Jett v. Penner

Decided 2011-07-25

¶1 MEMORANDUM

¶2 Robert William Walters, 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 medical needs. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Jett v. Penner, 439 F.3d 1091, 1096 (9th Cir.2006). We affirm.

¶3 The district court properly granted summary judgment because Walters failed to raise a genuine dispute of material fact as to whether defendants’ treatment of his shoulder and back injuries constituted deliberate indifference to his medical needs. See Wilson v. Seiter, 501 U.S. 294, 298, 111 S.Ct. 2321, 115 L.Ed.2d 271 (1991) (inmate must establish that prison officials “possessed a sufficiently culpable state of mind” to implicate the Eighth Amendment); Jett, 439 F.3d at 1096 (deliberate indifference requires “a purposeful act or failure to respond to pain or possible medical need”).

¶4 Walters’s remaining contentions are unpersuasive.

¶5 AFFIRMED.

¶6 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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