Vincent Garcia v. Charles D. Marshall, Warden

5 F.3d 536 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Vincent GARCIA, Plaintiff-Appellant, v. Charles D. MARSHALL, Warden, et al., Defendants-Appellees. No. 93-15042. United States Court of Appeals, Ninth Circuit. Submitted Aug. 11, 1993. * Decided Aug. 23, 1993. Appeal from the United States District Court for the Northern District of California, No. CV-90-03074-EFL; Eugene F. Lynch, District Judge, Presiding. D.Cal. AFFIRMED. Before: PREGERSON, BRUNETTI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Vincent Garcia appeals pro se the district court's grant of summary judgment in his action under 42 U.S.C. Sec. 1983 , alleging deliberate indifference to his serious medical needs in violation of the Eighth and Fourteenth Amendments of the Constitution. Garcia argues that there are facts which could support a verdict in his favor. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we affirm. 3 Deliberate indifference to medical needs must constitute "unnecessary…