Harry

MEMORANDUM ***

Lewis A. Harry, Jr., an Arizona state prisoner, appeals pro se the district court’s summary judgment in favor of defendants in his 42 U.S.C. § 1983 action alleging defendants acted with deliberate indifference to his serious medical needs in temporarily failing to provide him with a restricted diet. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s grant of summary judgment. Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir.2000) (en banc). We affirm in part, vacate in part, and remand.

The district court properly granted summary judgment on Harry’s claim that failure to deliver food from his special diet during a prison lockdown constituted deliberate indifference. See Toussaint v. McCarthy, 801 F.2d 1080, 1112 (9th Cir. 1986) (“Neither precedent nor common sense suggests that delay in providing a special diet arises to the level of deliberate indifference.”).

Summary judgment was not proper, however, on Harry’s claim that prison *121 officials cancelled his special diet. There is evidence in the record that Harry’s special diet was not provided to him for a six-month period, contrary to several doctors’ requests that he be provided…