Henry J. Foster v. G. Hori, D.D.S. John Fitt, D.D.S.

985 F.2d 572 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Henry J. FOSTER, Plaintiff-Appellant, v. G. HORI, D.D.S.; John Fitt, D.D.S., Defendants-Appellees. No. 91-16918. United States Court of Appeals, Ninth Circuit. Submitted Jan. 27, 1993. * Decided Jan. 29, 1993. Before REINHARDT, CYNTHIA HOLCOMB HALL and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Henry Foster appeals pro se the district court's summary judgment in favor of the defendants, California prison officials, in his 42 U.S.C. § 1983 action alleging deliberate indifference to his serious medical needs. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. 3 We review a grant of summary judgment de novo. Kruso v. International Tel. & Tel. Corp., 872 F.2d 1416 , 1421 (9th Cir.1989), cert. denied, 496 U.S. 937 (1990). Summary judgment is appropriate if the evidence "show[s] that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a…