Donald Jerome Green v. M. Sharp

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
tk/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DONALD JEROME GREEN,
Plaintiff - Appellant,
v.
M. SHARP,
Defendant - Appellee.
No. 08-16663
D.C. No. 2:06-cv-02107-FCD-
GGH
MEMORANDUM *
Appeal from the United States District Court
for the Eastern District of California
Frank C. Damrell, Jr., District Judge, Presiding
Submitted November 17, 2009**
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Donald Jerome Green, a California state prisoner, appeals pro se from the
district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that a
prison guard violated his Eighth Amendment rights by failing to protect him from
FILED
DEC 08 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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another inmate. We have jurisdiction pursuant to 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 Green did
not raise a triable issue as to whether the prison guard knew that inmate Frazier
posed a substantial risk of serious harm to Green. See Farmer v. Brennan, 511
U.S. 825, 837-39 (1994) (holding that a prison official cannot be found liable for
deliberate indifference unless the official knows of and disregards an excessive risk
to inmate health or safety).
Green’s remaining contentions are unpersuasive.
AFFIRMED.

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