Marshall Martinez v. Alan Kunimoto, Dr., Kim M. Thorburg

993 F.2d 883 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Marshall MARTINEZ, Petitioner-Appellant, v. Alan KUNIMOTO, Dr., Respondent-Appellee, Kim M. Thorburg, et al. Respondent-Appellee. No. 92-15072. United States Court of Appeals, Ninth Circuit. Submitted May 7, 1993. * Decided May 11, 1993. Before: GOODWIN, TANG, and, NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Martinez appeals the grant of summary judgment in favor of Dr. Alan Kunimoto--a private ophthamologist--and Kim Thorburg, Criss Kotz, Charlene Salmaine, William Oku, and Harold Falk--employees of the Halawa Medium Security Facility in Hawaii. Martinez claims that appellees were deliberately indifferent to his medical needs in violation of his Eighth Amendment rights. 1 We affirm. 3 * We reject, at the outset, appellees' argument that Martinez's appeal is untimely. Martinez improperly filed his notice of appeal on December 31, 1991, prior to the district court's order of January 2, 1992 and prior to the court's…