Mike Kelley v. H. Lutz Percy Howard, Director of Medical Services Dr. Wilbert Sarah Carmen Toby Underwood Dr. McCullough Dr. Stapler

87 F.3d 1320 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Mike KELLEY, Plaintiff-Appellant, v. H. LUTZ; Percy Howard, Director of Medical Services; Dr. Wilbert; Sarah Carmen; Toby Underwood; Dr. McCullough; Dr. Stapler, Defendants-Appellees. No. 95-16003. 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 Mike Kelley, an Arizona state prisoner, appeals pro se the district court's summary judgment in favor of prison medical staff in his 42 U.S.C. § 1983 action alleging that prison medical staff were deliberately indifferent to his severe headaches in violation of the Eighth Amendment. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 We review de novo the district court's grant of summary judgment. See McGuckin v. Smith, 974 F.2d 1050, 1059 (9th Cir.1992). A party opposing summary judgment "may not rest upon the mere allegations ... but…