Castle

MEMORANDUM

Sy Lee Castle, a California state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action claiming deliberate indifference to serious medical needs. We have jurisdiction under 28 U.S.C. § 1291 . We review for abuse of discretion the district court’s decision regarding appointment of counsel. Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir.1991). We review de novo the district court’s summary judgment. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004). We affirm.

The district court did not abuse its discretion when it denied Castle’s request for appointment of counsel because Castle did not demonstrate that exceptional circumstances existed. See Terrell, 935 F.2d at 1017 .

The district court properly granted summary judgment on the claims against Dr. George Parkinson because Castle failed to raise a triable issue as to whether Parkinson knew of and disregarded an excessive risk to Castle’s health, as required by Farmer v. Brennan, 511 U.S. 825, 837 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994). Rather, various medical reports, physicians’ progress notes, and other undisputed evidence showed that Castle received continuous…