NOT FOR PUBLICATION FILED

FEB 25 2022

UNITED STATES COURT OF APPEALS

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

BRIAN KEVIN GRAY, No. 20-17337

Plaintiff-Appellant, D.C. No. 3:16-cv-00716-MMD-CLB

v.

MEMORANDUM*

ISIDRO BACA, Warden; BRIAN WARD; ROMEO ARANAS; T. WICKHAM, true name: Theresa Wickham; MARKS, Doctor; true name: Dana Marks; JENNIFER, Last name unknown; CANDI BROCKAWAY, true name: Candice Brockway; true name: Candis Rambur,

Defendants-Appellees.

Appeal from the United States District Court for the District of Nevada Miranda M. Du, District Judge, Presiding

Submitted February 15, 2022**

Before: FERNANDEZ, TASHIMA, and FRIEDLAND, Circuit Judges.

Nevada state prisoner Brian Kevin Gray 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 district court properly granted summary judgment because Gray failed

to raise a genuine dispute of material fact as to whether defendants unreasonably

delayed in providing him with essential medications or ignored his medical

symptoms. See id. at 1057-60 (holding that deliberate indifference is a “high legal

standard” requiring a defendant be aware of and disregard an excessive risk to an

inmate’s health; medical malpractice or negligence does not amount to deliberate

indifference); Jones v. Williams, 297 F.3d 930, 934 (9th Cir. 2002) (holding that

liability under § 1983 requires a showing of personal participation in the alleged

rights deprivation).

AFFIRMED.

2 20-17337