McDaniel

MEMORANDUM **

Mark A. Miller, a Nevada state prisoner, appeals pro se the district court’s summary judgment in favor of E.K. McDaniel, Warden of Ely State Prison. Miller sought injunctive relief in this 42 U.S.C. § 1983 action, alleging that his Fourteenth Amendment right to informational privacy and his Eighth Amendment right to be free from cruel and unusual punishment were violated when he received mental health consultations at his cell door. We have jurisdiction under 28 U.S.C. § 1291 . We review summary judgment de novo. Oliver v. Keller; 289 F.3d 623, 626 (9th Cir.2002). We affirm in part and reverse in part.

*490 The record shows that Miller often received mental health consultations at his cell door, complained frequently to his mental health providers about the lack of privacy during cell door consultations, and filed grievances about his inability to obtain private consultations. Warden McDaniel, however, declared that “every unit has an exam room and Mr. Miller could have requested to see the mental health provider in private.” A triable issue therefore exists as to whether the prison officials should be enjoined from conducting mental health consultations with…