Lopez
Lopez v. Smith
Opinion
Lead Opinion
Sneed, J.
Max Lopez (“Lopez”), a California state prisoner, appeals pro se the district court’s grant of summary judgment and dismissal of his claims under 42 U.S.C. § 1983 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and affirm.
I.
FACTUAL AND PROCEDURAL BACKGROUND
On October 30, 1995, Lopez filed a Complaint in forma pauperis in the Eastern District of California, alleging that defendants Warden G.A. Smith, Chief Medical Officer Dr. Larry Loo, Chief Dental Officer Acevedo, Dr. Tierney, Counselor Patterson and Appeals Coordinator McClure (collectively “defendants”) violated his civil rights protected by 42 U.S.C. § 1983 . Lopez alleged that defendants: (1) knowingly placed him in a cell with a dangerous inmate who subsequently injured him; (2) provided inadequate medical care; (3) denied him outdoor exercise; (4) denied him a blanket and pillow in his cell; and (5) improperly placed him in the Security Housing Unit (“SHU”).
On December 11, 1996, defendants filed a motion to dismiss and for summary judgment and Lopez filed a cross-motion for summary judgment. On May 27, 1997, the Magistrate Judge issued findings and recommendations in which he dismissed Lopez’ claims that…