Testo completo
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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MAURICE MACK,
Plaintiff - Appellant,
v.
MICHAEL L. FRIEDMAN; et al.,
Defendants - Appellees.
No. 08-15984
D.C. No. 3:06-CV-04934-MHP
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
Marilyn H. Patel, District Judge, Presiding
Submitted November 17, 2009**
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Maurice Mack, a California state prisoner, appeals pro se from the district
court’s judgment dismissing his 42 U.S.C. § 1983 alleging deliberate indifference
to his serious medical needs in violation of the Eighth Amendment. We have
FILED
DEC 14 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS
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jurisdiction under 28 U.S.C. § 1291. We review de novo, Toguchi v. Chung, 391
F.3d 1051, 1056 (9th Cir. 2004), and we affirm.
The district court properly granted summary judgment because Mack failed
to raise a triable issue as to whether defendants were deliberately indifferent to his
wrist injury. See id. at 1057 (“Mere negligence in diagnosing or treating a medical
condition, without more, does not violate a prisoner’s Eighth Amendment rights.”)
(internal quotation marks and citations omitted).
AFFIRMED.
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