Larry Darnell Shepherd v. Robert G. Borg

65 F.3d 175 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Larry Darnell SHEPHERD, Plaintiff-Appellant, v. Robert G. BORG, Defendant-Appellee. No. 95-15564. United States Court of Appeals, Ninth Circuit. Submitted Aug. 16, 1995. * Decided Aug. 22, 1995. Before: ALARCON, FERNANDEZ, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Larry Darnell Shepherd, a California state prisoner, appeals pro se the district court's summary judgment in favor of defendant Robert G. Borg, former warden at New Folsom state prison. Shepherd brought a 42 U.S.C. Sec. 1983 claim against Borg alleging that he was deliberately indifferent to the unsafe conditions caused by the lack of ladder access to upper bunk beds. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . We review the district court's summary judgment de novo, McGuckin v. Smith, 974 F.2d 1050, 1059 (9th Cir.1992), and we affirm. 3 In order to prevail on a section 1983 claim that prison conditions violate the Eighth Amendment, a…