Marvin Fleming v. United States

FILED

NOT FOR PUBLICATION DEC 27 2010

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T O F AP PE ALS

FOR THE NINTH CIRCUIT

MARVIN FLEMING, No. 10-15148

Plaintiff - Appellant, D.C. No. 1:07-cv-00461-OWW-

WMW

v.

UNITED STATES OF AMERICA; et al., MEMORANDUM *

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of California Oliver W. Wanger, District Judge, Presiding

Submitted December 14, 2010 **

Before: GOODWIN, WALLACE, and W. FLETCHER, Circuit Judges.

Marvin Fleming, a federal prisoner, appeals pro se from the district court’s

judgment in his action brought under Bivens v. Six Unknown Named Agents of

Federal Bureau of Narcotics, 403 U.S. 388 (1971), alleging deliberate indifference

to serious medical needs. We have jurisdiction under 28 U.S.C. § 1291. We

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).…