Benjamin Adams v. John M. Ratelle

990 F.2d 1255 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Benjamin ADAMS, Plaintiff-Appellant, v. John M. RATELLE, et al., Defendants-Appellees. No. 92-56315. United States Court of Appeals, Ninth Circuit. Submitted March 10, 1993. * Decided March 15, 1993. Before WALLACE, Chief Judge, and FARRIS and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Benjamin Adams, a California state prisoner, appeals pro se the district court's summary judgment in favor of defendant prison officials in his 42 U.S.C. § 1983 action. Adams contends that the district court erred by finding that he failed to show that he had contracted herpes by sharing an insulin bottle with other insulin dependent prisoners. We review de novo the district court's summary judgment. Alaska Airlines, Inc. v. United Airlines, Inc., 948 F.2d 536, 539 (9th Cir.1991), cert. denied, 112 S.Ct. 1603 (1992). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 "Summary judgment is appropriate if the…