Jorge Palacios v. Kevin Smith

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JAN 26 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JORGE PALACIOS, No. 20-17233

Petitioner-Appellant, D.C. No. 2:17-cv-02500-TLN-CKD

v.

MEMORANDUM*

KEVIN SMITH,

Defendant-Appellee,

and

EVALYN HOROWITZ,

Defendant.

Appeal from the United States District Court for the Eastern District of California Troy L. Nunley, District Judge, Presiding

Submitted January 19, 2022**

Before: SILVERMAN, CLIFTON, and HURWITZ, Circuit Judges.

California state prisoner Jorge Palacios appeals pro se from the district

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). court’s summary judgment in his 42 U.S.C. § 1983 action alleging deliberate

indifference to his serious medical needs. We have jurisdiction under 28 U.S.C.

§ 1291. We review de novo. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.

2004). We affirm.

The…