Jack Hummer v. Dora Schriro

MEMORANDUM

Arizona state prisoner Jack Hubert Hummer appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that prison officials’ failure to approve recommended cataract surgery amounted to deliberate indifference. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s summary judgment ruling, Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir.2000) (en banc), and for abuse of discretion the district court’s denial of appointed counsel, Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir.1986), and we affirm.

The district court properly granted summary judgment because Hummer failed to present evidence showing that the defendants’ denial of cataract surgery in his right eye has caused or will cause further injury, or that the defendants knew of other serious pain or medical problems caused by Hummer’s cataract. See Clem v. Lomeli, 566 F.3d 1177, 1181 (9th Cir.2009) (defendant must have knowledge of a substantial risk of serious harm to show deliberate indifference); Shapley v. Nev. Bd. of State Prison Comm’rs, 766 F.2d 404, 407 (9th Cir.1985) (per curiam) (a delay in medical treatment must lead to further injury…