Edward G. Ontiveros v. Charles D. Marshall

35 F.3d 571 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Edward G. ONTIVEROS, Plaintiff-Appellant, v. Charles D. MARSHALL, et al., Defendants-Appellees. No. 94-15298. United States Court of Appeals, Ninth Circuit. Submitted Aug. 23, 1994. * Decided Aug. 30, 1994. Before: WALLACE, Chief Judge, HUG and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Edward G. Ontiveros, a California state prisoner, appeals pro se the district court's summary judgment in favor of prison officials in Ontiveros's 42 U.S.C. Sec. 1983 action alleging that prison officials were deliberately indifferent to his serious medical needs and used excessive force against him. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we affirm. 3 We review de novo a grant of summary judgment. Kruso v. International Tel. & Tel. Corp., 872 F.2d 1416 , 1421 (9th Cir.1989), cert. denied, 496 U.S. 937 (1990). To avoid summary judgment, the nonmoving party must raise a genuine factual dispute concerning his…