Foote v. Nevada Dept. of Prisons

87 F.3d 1318 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ricky L. FOOTE, Plaintiff-Appellant, v. NEVADA DEPARTMENT OF PRISONS; Ron Angelone; Potter, Dr., Individually; Kaizer, Dr., Individually; Sherman Hatcher, Warden; Charles Wolff; Frank Armenta, Richard Johnson; Kenneth Smith, Defendants-Appellees. No. 95-16660. United States Court of Appeals, Ninth Circuit. Submitted June 11, 1996. * Decided June 19, 1996. Before: CANBY, NOONAN, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Ricky L. Foote, a Nevada state prisoner, appeals pro se the grant of summary judgment to defendants in his 42 U.S.C. § 1983 action alleging an Eighth Amendment violation. Foote contends that defendants were deliberately indifferent to his need for medical care of his lumbar disc disease. We have jurisdiction under 28 U.S.C. § 1291 . 3 The record does not disclose that the district court advised Foote, an incarcerated pro se litigant, of the requirements of Fed.R.Civ.P. 56, the rule…