Smith v. California Substance Abuse & Treatment Facility

MEMORANDUM

Alwin Smith, a California state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that defendants were indifferent to his serious medical needs by denying him adequate care following cervical disc surgery. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo summary judgment, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004), and for abuse of discretion the district court’s discovery rulings, Childress v. Darby Lumber, Inc., 357 F.3d 1000, 1009 (9th Cir.2004), and we affirm.

The district court properly granted summary judgment on Smith’s Eighth Amendment claim. Defendants presented uncon-troverted evidence that defendant Nguyen examined Smith in connection with his complaints following spinal surgery, Nguyen ordered a further neurological examination and that examination revealed no condition requiring medical attention. Accordingly Smith failed to raise a triable issue as to whether the treatment of his symptoms following cervical disc surgery constituted deliberate indifference. See Hallett v. Morgan, 296 F.3d 732, 744 (9th Cir.2002) (explaining that prison officials manifest a deliberate…