Amando Sanders v. M. York

Good Law
446 F. App'x 40
United States Court of Appeals for the Ninth CircuitJuly 27, 201109-16206California1,096 words

Opinion

Opinion

MEMORANDUM

Amando Sanders, a California prisoner, appeals pro se in his 42 U.S.C. § 1983 action alleging deliberate indifference to his serious medical needs in connection with his hernia operation. The district court granted partial summary judgment to one defendant, Dr. M. Penner, and a jury found in favor of the remaining defendants, Correctional Officer M. York and Medical Technical Assistant Rubio. Sanders appeals a number of decisions: the partial summary judgment, the district court’s refusal to appoint counsel to Sanders, the district court’s refusal to appoint an expert to Sanders, and some of the district court’s evidentiary rulings. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.

A. Partial Summary Judgment

We review a grant of partial summary judgment de novo, and we view the evidence in the light most favorable to Sanders, the non-movant. See Charles Schwab & Co. v. Debickero, 593 F.3d 916, 918 (9th Cir.2010). Sanders alleges that Dr. Penner’s decisions not to place Sanders in a medical observation room after his surgery and not to give him new dressings resulted in him being denied pain medication, clean clothes, and showers, and being forced to…

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