Lamberto Garcia-Diaz v. Robert Roberts

983 F.2d 1076 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Lamberto GARCIA-DIAZ, Plaintiff-Appellant, v. Robert ROBERTS, et al. Defendant-Appellee. No. 91-15686. United States Court of Appeals, Ninth Circuit. Submitted Dec. 17, 1992. * Decided Jan. 15, 1993. Before HUG, PREGERSON and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Garcia-Diaz appeals from the district court's grant of summary judgment against him on his 42 U.S.C. § 1983 action for deliberate indifference to his serious medical needs. Garcia-Diaz also appeals the district court's denial of his motion for appointment of counsel under 28 U.S.C. § 1983 . We have jurisdiction under 28 U.S.C. 1291. We affirm both the grant of summary judgment and the denial of the motion for appointment of counsel. BACKGROUND 3 On September 15, 1988, Garcia-Diaz, an inmate at the Pleasanton federal prison ("FCI Pleasanton"), was cleaning a shower stall when he fell and struck his left eye against a shower faucet knob.…