Willie Bailey, III v. J Wedell

MEMORANDUM

Willie Bailey, III, a California state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that defendants were deliberately indifferent 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), and we affirm.

The district court properly granted summary judgment because Bailey failed to raise a genuine dispute of material fact as to whether defendants Penner, Turella, or Howard were involved in or had any control over ordering, scheduling, or performing the relevant surgeries. See Taylor v. List, 880 F.2d 1040, 1045 (9th Cir.1989) (no respondeat superior liability under § 1983; plaintiff must show personal involvement in alleged violations); Leer v. Murphy, 844 F.2d 628, 633 (9th Cir.1988) (“A person deprives another of a constitutional right, within the meaning of section 1983, if he does an affirmative act, participates in another’s affirmative acts, or omits to perform an act which he is legally required to do that causes the deprivation of which the plaintiff complains.” (alteration, citation, and internal quotation…