Ronald Dale Birdwell v. James H. Gomez William Bunnell T. White, Warden R.R. Johnson

97 F.3d 1458 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ronald Dale BIRDWELL, Plaintiff-Appellant, v. James H. GOMEZ; William Bunnell; T. White, Warden; R.R. Johnson, Defendants-Appellees. No. 95-16849. United States Court of Appeals, Ninth Circuit. Submitted Sept. 23, 1996. * Decided Sept. 26, 1996. Before: FLETCHER, BRUNETTI, and JOHN T. NOONAN, Jr., Circuit Judges. 1 MEMORANDUM ** 2 Ronald Dale Birdwell, a California state prisoner, appeals pro se the district court's summary judgment in favor of defendants in his 42 U.S.C. § 1983 action alleging that prison medical staff were deliberately indifferent to his serious medical needs 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 mere allegations ... but ... must set forth specific…