Linderman

MEMORANDUM **

Washington state prisoner Garrett Wade Linderman (“Linderman”) appeals pro se the district court’s order granting the Washington State Penitentiary’s (“WSP”) motion for summary judgment in his 42 U.S.C. § 1983 action. Because the parties are familiar with the facts and procedural history, they are not recited here.

*182 We have appellate jurisdiction pursuant to 28 U.S.C. § 1291 . Whether the prison’s actions violate the Eighth Amendment is a mixed question of law and fact. Hallett v. Morgan, 296 F.3d 732, 744 (9th Cir.2002). We review the district court’s factual findings for clear error. Id. We review the district court’s legal conclusion that the facts do not demonstrate an Eighth Amendment violation de novo. Id. We affirm in part and reverse in part.

To establish an Eighth Amendment claim, a prisoner must show that he suffered from the “unnecessary and wanton infliction of pain.” Gregg v. Georgia, 428 U.S. 153, 173 , 96 S.Ct. 2909 , 49 L.Ed.2d 859 (1976). “Under traditional Eighth Amendment analysis, we first consider whether there is an ‘infliction of pain,’ and, if so, whether that infliction is ‘unnecessary and wanton.’ ” Jordan v. Gardner, 986 F.2d 1521,…