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7 F. App'x 5

Morales v. Ellis

U.S. Courts of Appeals

Decided March 23, 2001

U.S. Courts of Appeals · decided 2001-03-23

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

Relies on Estelle v. Gamble

Decided 2001-03-23

¶1SUMMARY ORDER

¶2UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the District Court be and it hereby is AFFIRMED.

¶3Plaintiff Jose Morales, who alleges that prison medical staff provided inadequate medical care for his toe injury, appeals from the district court’s dismissal of his action under 42 U.S.C. § 1983 pursuant to Fed.R.Civ.P. 12(b)(6). Morales has failed to allege facts which show that Nurse Stewart, in treating his toe, acted with “deliberate indifference to serious medical needs.” Estelle v. Gamble, 429 U.S. 97, 104, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976). We therefore affirm.

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