Adelaido Samuel Trujillo v. TALLY, Sergeant

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ADELAIDO SAMUEL TRUJILLO,
Plaintiff - Appellant,
v.
TALLY, Sergeant; PAYTON, Sergeant;
COBB, Corrections Officer; ACREE,
Corrections Officer; EARL CALLAHAN,
Defendants - Appellees.
No. 09-35192
D.C. No. 1:03-cv-00533-MHW
MEMORANDUM*
Appeal from the United States District Court
for the District of Idaho
Mikel H. Williams, Magistrate Judge, Presiding
Submitted August 9, 2011**
San Francisco, California
Before: HUG, SKOPIL, and BEEZER, Circuit Judges.
Adelaido Trujillo appeals pro se from the district court’s judgment
dismissing his 42 U.S.C. § 1983 action. We have jurisdiction over this matter
FILED
DEC 09 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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pursuant to 28 U.S.C. § 1291. The facts of this case are known to the parties. We
need not repeat them here.
Trujillo may not seek review of the district court’s denial of his motion for
summary judgment on the inadequate medical care claim. The Supreme Court
recently clarified that a party may not appeal an order denying summary judgment
after a full trial on the merits. Ortiz v. Jordan, __ U.S. __, 131 S. Ct. 884, 888–89
(2011); see also Price v. Kramer, 200 F.3d 1237, 1243 (9th Cir. 2000).
The district court was correct to grant summary judgment to the IDOC
defendants on Trujillo’s calculated harassment and failure to protect claims.
Trujillo’s failure to protect claim is based on nothing but his own speculation, and
“this court has refused to find a genuine issue where the only evidence presented is
uncorroborated and self-serving testimony.” Villiarimo v. Aloha Island Air, Inc.,
281 F.3d 1054, 1061 (9th Cir. 2002) (internal quotation marks omitted).
Appellant’s calculated harassment allegations simply do not rise to the level of an
Eighth Amendment violation. See Hope v. Pelzer, 536 U.S. 730, 737–38 (2002).
We have reviewed Trujillo’s remaining contentions, and determine that they
lack merit.
AFFIRMED.

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