Larry Bury v. A. Bradish

MEMORANDUM

Larry Wayne Bury, a California state prisoner, appeals pro se from the district court’s judgment 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, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004) (summary judgment), and we affirm.

The district court properly granted summary judgment to defendant Roscoe because Bury failed to raise a genuine issue of material fact as to whether Roscoe failed to provide him with his prescribed pain medication. See Toguchi, 391 F.3d at 1057 (“A prison official acts with deliberate indifference only if the [official] knows of and disregards an excessive risk to inmate health and safety.”) (internal quotation marks and citation omitted).

The district court did not abuse its discretion by granting defendant Roscoe’s motion to set aside the entry of default because the record supports the district court’s conclusions that Roscoe’s motion was timely, Roscoe had potentially meritorious defenses, and setting aside the entry of default would not prejudice Bury. See O’Connor v. Nevada, 27 F.3d 357 , 364 (9th Cir.1994) (setting forth…