Dewayne McGruder v. Kern County, California Dr. Wrobel Dr. Byfields

78 F.3d 593 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Dewayne McGRUDER, Plaintiff-Appellant, v. KERN COUNTY, CALIFORNIA; Dr. Wrobel; Dr. Byfields, Defendants-Appellees. No. 95-15400. United States Court of Appeals, Ninth Circuit. Submitted Feb. 27, 1996. * Decided March 4, 1996. Before: PREGERSON, CANBY, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 DeWayne McGruder, a California state prisoner, appeals pro se the district court's dismissal of defendants Kern County and two County physicians from his 42 U.S.C. § 1983 action for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6). McGruder claims that defendants exhibited deliberate indifference to his serious medical needs by failing to provide him with proper treatment for a brain tumor. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 We review de novo the district court's dismissal of an action pursuant to Rule 12(b)(6). See Everest & Jennings v. American Motorists Ins. Co., 23…