Nathaniel Turner, Jr. v. William McKinley M.D.

19 F.3d 1441 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Nathaniel TURNER, Jr., Plaintiff-Appellant, v. William MCKINLEY, M.D., Defendant-Appellee. No. 93-16434. United States Court of Appeals, Ninth Circuit. Submitted Feb. 22, 1994. * Decided March 1, 1994. Before: SCHROEDER, CANBY, and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Nathaniel Turner, Jr., an Arizona state prisoner, appeals pro se the district court's summary judgment in favor of William McKinley, M.D., a prison physician, in Turner's 42 U.S.C. Sec. 1983 action alleging that McKinley delayed refilling his prescription for medication necessary to treat his asthma. We review de novo, Harper v. Wallingford, 877 F.2d 728, 731 (9th Cir.1989), and we affirm. 3 "Prisoners can establish an eighth amendment violation with respect to medical care if they can prove there has been deliberate indifference to their serious medical needs." Hunt v. Dental Dep't, 865 F.2d 198, 200 (9th Cir.1989). The indifference to…