Vincent Garcia v. Dr. Shedler Dr. Butler

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Vincent GARCIA, Plaintiff-Appellant, v. Dr. SHEDLER; Dr. Butler, Defendants-Appellees. No. 95-17304. United States Court of Appeals, Ninth Circuit. Submitted June 11, 1996. * Decided June 14, 1996. Before: CANBY, JOHN T. NOONAN, JR., and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Vincent Garcia, a California state prisoner, appeals pro se the district court's judgment in favor of defendants in Garcia's 42 U.S.C. § 1983 action, alleging that he was subjected to deliberate indifference to his medical needs when his knee surgery was delayed. We have jurisdiction pursuant to 28 U.S.C. § 1291 . 1 3 Our de novo review of the entire record reveals that the district court properly granted Dr. Shedler's Fed.R.Civ.P. 50(a) motion for judgment following Garcia's presentation of his case in chief at trial. See McGuckin v. Smith, 974 F.2d 1050, 1062 (9th Cir.1992) (holding that judgment was properly granted for prison…