Lee Max Barnett v. J.C. Simms

19 F.3d 25 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Lee Max BARNETT, Plaintiff-Appellant, v. J.C. SIMMS, et al., Defendants-Appellees. No. 93-15193. United States Court of Appeals, Ninth Circuit. Submitted March 8, 1994. * Decided March 9, 1994. Before: FLETCHER, BRUNETTI, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Lee Max Barnett, a condemned California state prisoner, appeals pro se the district court's summary judgment in favor of the defendant prison officials in his 42 U.S.C. Sec. 1983 civil rights action. Barnett claims that the defendants violated the Eighth Amendment by inadequately treating his hernia and his asthma. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 Barnett contends that the district court erred by granting summary judgment on his claim regarding hernia surgery and by failing to address his claim for damages regarding confiscation of his hernia support. These contentions lack merit. 4 We review de novo the district court's…