Monroe Jones v. Daniel Vasquez, Warden

993 F.2d 882 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Monroe JONES, Plaintiff-Appellant, v. Daniel VASQUEZ, Warden, Defendant-Appellee. No. 92-16254. United States Court of Appeals, Ninth Circuit. Submitted April 27, 1993. * Decided May 21, 1993. MEMORANDUM ** Before BROWNING, KOZINSKI and RYMER, Circuit Judges. 1 Monroe Jones, a California state prisoner, appeals pro se the district court's summary judgment in favor of defendant prison officials in Jones's 42 U.S.C. § 1983 action alleging deliberate indifference to his serious medical needs in violation of the eighth amendment. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm. 2 The district court dismissed Jones's action for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6). Because the district court considered matters outside the pleadings, however, we construe the district court's dismissal as a grant of summary judgment. See Fed.R.Civ.P. 12(b), 56. Further, because Jones had…