Simpson v. Stainer

98 F.3d 1346 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Eddie S. SIMPSON, Plaintiff-Appellant, v. Jerry S. STAINER; T. Zink, Associate Warden; T. Rosario, Program Administrator, Defendants, and Correctional Officer Nava; R. Mendoza, Correctional Officer, Defendants-Appellees. No. 95-16005. United States Court of Appeals, Ninth Circuit. Submitted Oct. 7, 1996. * Decided Oct. 9, 1996. Before: BEEZER, KOZINSKI, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Eddie S. Simpson appeals pro se the district court's summary judgment in favor of defendants in his 42 U.S.C. § 1983 action. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Kruso v. International Tel. & Tel. Corp., 872 F.2d 1416 , 1421 (9th Cir.1989), cert. denied, 496 U.S. 937 (1990), and affirm. 3 Simpson was injured on a prison yard by inmate Gonzales who used a razor blade against him. Simpson contends defendants were deliberately indifferent to his safety because they: (1)…