James Hale Smith v. Rod Norrish, Medical Administrator Tris Castle, Physician's Assistant

56 F.3d 73 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James Hale SMITH, Plaintiff-Appellant, v. Rod NORRISH, Medical Administrator; Tris Castle, Physician's Assistant, et al., Defendants-Appellees. No. 94-16906. United States Court of Appeals, Ninth Circuit. Submitted May 2, 1995. * Decided May 5, 1995. Before: WALLACE, Chief Judge, HUG and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 James Hale Smith, an Arizona state prisoner, appeals pro se the district court's summary judgment in favor of defendants in Smith's 42 U.S.C. Sec. 1983 action alleging deliberate indifference to his serious medical needs. Smith contends that the district court erred by: (1) finding no genuine issue of material fact that defendants were deliberately indifferent to his serious medical needs; (2) granting summary judgment without allowing Smith an opportunity to conduct discovery; and (3) granting summary judgment without allowing Smith an opportunity to amend his complaint. We have…