Bass

Kou Lo Vang v. Bass

Good Law
155 F. App'x 368
United States Court of Appeals for the Ninth CircuitDecember 12, 2005No. 05-15449California388 words

Opinion

Lead Opinion

MEMORANDUM **

Nevada state prisoner Kou Lo Vang appeals pro se the district court’s summary judgment for defendants in his 42 U.S.C. § 1983 action alleging prison officials were deliberately indifferent to his serious medical needs. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s grant of summary judgment, Barnett v. Centoni, 31 F.3d 813, 815 (9th Cir.1994) (per curiam), and its determination that a prisoner failed to exhaust administrative remedies, Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.2003). We affirm.

The district court properly granted summary judgment to Nurse Callahan because Vang failed to raise a genuine issue of material fact as to whether Callahan denied, delayed, or interfered with the treatment of his ear infection; nor did Vang produce any evidence that the prescribed ear irrigations caused him injury. See Hutchinson v. United States, 838 F.2d 390, 394 (9th Cir.1988).

The district court properly denied Vang’s motion for default judgment and dismissed his claim against Dr. Bass because the allegations against Bass do not satisfy the legal definition of deliberate indifference. See Jackson v. McIntosh, 90 F.3d 330, 332…

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