Michael J. Berry v. Arthur Lee

942 F.2d 790 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Michael J. BERRY, Plaintiff-Appellant, v. Arthur LEE, et al., Defendants-Appellees. No. 90-15979. United States Court of Appeals, Ninth Circuit. Submitted July 12, 1991. * Decided Aug. 22, 1991. Before O'SCANNLAIN, LEAVY and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Michael J. Berry, an Arizona state prisoner, appeals pro se the district court's summary judgment in favor of Dr. Wayne Hamblin, one of the defendants named in this 42 U.S.C. § 1983 action. We have jurisdiction under 28 U.S.C. § 1291 and affirm. 1 3 We review de novo the district court's grant of summary judgment. Hutchinson v. United States, 838 F.2d 390, 392 (9th Cir.1988). In opposing a summary judgment motion, the non-moving party must set forth facts showing that there exists a genuine issue for trial. Id. Jail personnel violate a prisoner's eighth amendment rights if they are deliberately indifferent to the prisoner's serious medical…