N.D.O.C.

Edwin Sevrence v. N.D.O.C.

Good Law
475 F. App'x 215
United States Court of Appeals for the Ninth CircuitJuly 30, 201211-15234California217 words

Opinion

Opinion

MEMORANDUM

Nevada state prisoner Edwin Sevrence appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging deliberate indifference in violation of the Eighth Amendment. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Taylor v. List, 880 F.2d 1040, 1044 (9th Cir.1989), and we affirm.

The district court properly granted summary judgment on Sevrence’s deliberate indifference claims because Sevrence adduced no evidence creating a genuine dispute of material fact as to whether ap-pellees were deliberately indifferent to Sevrence’s medical condition. See Toguchi v. Chung, 391 F.3d 1051, 1058 (9th Cir.2004) (prisoner’s disagreement with doctors’ prescribed course of treatment will not establish deliberate indifference in the absence of evidence that treatment was medically unreasonable under the circumstances).

Sevrence’s “motion to include new papers” is denied, and appellees’ motion to strike the portions of Sevrenee’s reply brief that include exhibits not contained in the district court record is granted. See Tonry v. Sec. Experts, Inc., 20 F.3d 967, 974 (9th Cir.1994) (“[It is a] basic tenet of appellate jurisprudence ...…

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