Valenzuela
Valenzuela v. Corona
Opinion
Lead Opinion
MEMORANDUM **
Frank Valenzuela, Jr., a prisoner at Calipatria State Prison, appeals pro se the district court’s order granting prison officials’ motion for summary judgment arising out of Valenzuela’s 42 U.S.C. § 1983 action. We review de novo. See Oluwa v. Gomez, 133 F.3d 1237, 1238 (9th Cir.1998). We affirm.
Valenzuela contends that three members of the prison medical staff violated the Eighth Amendment by delaying medical care. This contention lacks merits because Valenzuela failed to present evidence to suggest that the prison doctor acted with a culpable state of mind. See Farmer v. Brennan, 511 U.S. 825, 837 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994) (discussing the requisite mental state). Further, Valenzuela has not'shown that the four-day delay in medical treatment for his thumb injury resulted in substantial harm. See Estelle v. Gamble, 429 U.S. 97, 104 , 97 S.Ct. 285 , 50 L.Ed.2d 251 (1976).
We reject Valenzuela’s contention that the district court erred by granting summary judgment without considering his Fed.R.Civ.P. 56(f) request for additional discovery of a fellow inmate’s statement supporting his claim of injury. The district court’s order granting summary…