Jimmie Earl Stephen v. Mary Zulfacar, Dr.

46 F.3d 1145 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jimmie Earl STEPHEN, Plaintiff-Appellant, v. Mary ZULFACAR, Dr., et al., Defendants-Appellees. No. 94-55655. United States Court of Appeals, Ninth Circuit. Submitted Dec. 19, 1994. * Decided Jan. 11, 1995. Before: SNEED, D.W. NELSON, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Jimmie Stephen, a California state prisoner, appeals pro se the district court's Fed.R.Civ.P. 12(b)(6) dismissal of his 42 U.S.C. Sec. 1983 action, alleging that prison doctor Zulfacar and medical technical assistant Gentry were deliberately indifferent to his serious medical needs because they failed to prescribe him an inhaler. We have jurisdiction under 28 U.S.C. Sec. 1291 . We review de novo the district court's dismissal for failure to state a claim pursuant to Rule 12(b)(6). Oscar v. University Students Co-op Ass'n, 965 F.2d 783, 785 (9th Cir.) (en banc), cert. denied, 113 S.Ct. 655 (1992), and we affirm. 3 To show medical…