Jeffrey Olney v. John Hartwig

MEMORANDUM

Jeffrey W. Olney, an Oregon state prisoner, appeals pro se from the district court’s judgment in his 42 U.S.C. § 1983 action alleging deliberate indifference to his medical needs and safety relating to his assignment to an upper bunk. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004) (summary judgment); Barlow v. Ground, 39 F.3d 231, 233 (9th Cir.1994) (dismissal under Fed.R.Civ.P. 25). We may affirm on any ground supported by the record. Thompson v. Paul, 547 F.3d 1055, 1058-59 (9th Cir.2008). We affirm.

The district court properly granted summary judgment on the claims against defendants Gilmore, Hill, Hodge and Hicks because Olney did not raise a genuine dispute of material fact as to whether they were deliberately indifferent to his safety or were responsible for denying his requests for a low bunk assignment. See Farmer v. Brennan, 511 U.S. 825, 837 , 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994) (no deliberate indifference unless prison officials know of and disregard “an excessive risk to inmate health or safety”).

The district court properly dismissed Olney’s claims against defendant Hartwig in his…