MICHAEL L. RHYMES, AKA Primetime v. DWIGHT NEVEN, Warden; CYNTHIA SABLINCA

20-15183Court of Appeals for the Ninth CircuitSep 23, 2021

Full text

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MICHAEL L. RHYMES, AKA Primetime,
Plaintiff-Appellant,
v.
DWIGHT NEVEN, Warden; CYNTHIA
SABLINCA,
Defendants-Appellees,
and
ARANAS, Dr.; et al.,
Defendants.
No. 20-15183
D.C. No. 3:15-cv-00592-RCJ-CLB
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Robert Clive Jones, District Judge, Presiding
Submitted September 14, 2021**
Before: PAEZ, NGUYEN, and OWENS, Circuit Judges.
Michael L. Rhymes appeals pro se from the district court’s judgment as a
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
SEP 23 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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matter of law under Federal Rule of Civil Procedure 50(a) in his 42 U.S.C. § 1983
action alleging deliberate indifference to his serious medical needs. We have
jurisdiction under 28 U.S.C. § 1291. We review de novo. Dees v. County of San
Diego, 960 F.3d 1145, 1151 (9th Cir. 2020). We affirm.
The district court did not err by granting defendants’ Rule 50(a) motion. A
review of the record shows that Rhymes failed to provide a legally sufficient
evidentiary basis for a jury to conclude that defendants were personally involved in
any constitutional violation or whether there was a causal connection between
defendants’ conduct and any such violation. See Fed. R. Civ. P. 50(a); Starr v.
Baca, 652 F.3d 1202, 1207 (9th Cir. 2011) (“A defendant may be held liable as a
supervisor under § 1983 if there exists either (1) his or her personal involvement in
the constitutional deprivation, or (2) a sufficient causal connection between the
supervisor’s wrongful conduct and the constitutional violation.” (citation and
internal quotation marks omitted)).
AFFIRMED.

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