Duane McMican v. Samuel A. Lewis

53 F.3d 338 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Duane McMICAN, Plaintiff-Appellant, v. Samuel A. LEWIS, et al., Defendants-Appellees. No. 94-16676. United States Court of Appeals, Ninth Circuit. Submitted April 19, 1995. * Decided April 27, 1995. Before: BROWNING, SNEED, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Duane Everett McMican, an Arizona state prisoner, appeals pro se the district court's summary judgment in favor of prison officials and medical staff members of the Arizona Department of Corrections ("ADOC") facility at Cimarron, in McMican's 42 U.S.C. Sec. 1983 action alleging deliberate indifference to his serious medical needs in violation of the Eighth Amendment. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we affirm. 3 * Summary Judgment 4 We review the district court's summary judgment de novo. McGuckin v. Smith, 974 F.2d 1050, 1059 (9th Cir. 1992). A grant of summary judgment should be affirmed only if the evidence, read in…