Public-domain · open source
OpenJurist

61 F. App'x 445

Jackson v. Steinberg

U.S. Courts of Appeals

Decided April 16, 2003

U.S. Courts of Appeals · decided 2003-04-16

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

Relies on Herman Resnick v. Warden Hayes Lt. Ernst Officer Myers (Dho) Counselor Aune Officer Wade · Sorrels v. McKee · Allen Chance Tab Systems v. Pac-Tel Teletrac Inc

Decided 2003-04-16

¶1MEMORANDUM…

¶2California state prisoner Raymond D. Jackson, Sr. appeals pro se the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that prison officials were deliberately indifferent to his medical needs. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo a district court’s grant of summary judgment, Sorrels v. McKee, 290 F.3d 965, 969 (9th Cir.2002), and we affirm.

¶3The district court properly granted defendants summary judgment because Jackson failed to show the existence of a genuine issue of material fact that prison officials’ withholding of his therapeutic diets caused him any injury. See Resnick v. Hayes, 213 F.3d 443, 449 (9th Cir.2000) (“In a constitutional tort, as in any other, a plaintiff must allege that the defendant’s actions caused him some injury”).

¶4The district court did not abuse its discretion in granting defendants summary judgment before ruling on Jackson’s pending discovery motions because Jackson failed to show that the evidence he sought existed and would preclude summary judgment. See Chance v. Pac-Tel Teletrac Inc., 242 F.3d 1151, 1161 (9th Cir.2001).

¶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.

/61/fappx/445 · .json · Public domain