Goldstein

Goldstein v. Flament

Good Law
167 F. App'x 678
United States Court of Appeals for the Ninth CircuitFebruary 17, 2006No. 03-17028California889 words

Opinion

Lead Opinion

MEMORANDUM **

Darryl Lee Goldstein, a California state prisoner, appeals pro se the district court’s denial of relief in his civil rights action alleging that county medical and correctional staff were deliberately indifferent to his medical needs and retaliated against him for his litigation activity. Although Goldstein raises a myriad of issues on appeal, we have carefully considered his briefs and submissions and conclude that he primarily argues that the district court erred by (1) dismissing his civil rights action; (2) refusing to appoint him an attorney; (3) screening his filings; and (4) denying his request for additional discovery. We reject these arguments and affirm.

DISCUSSION

Goldstein contends that prison officials were deliberately indifferent to his medical needs. Such a claim requires Goldstein to show that “the official knew of and disregarded an excessive risk to inmate health.” Austin v. Terhune, 367 F.3d 1167, 1172 (9th Cir.2004) (quoting Farmer v. Brennan, 511 U.S. 825, 838 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994)). We agree with the district court that Goldstein failed to raise “a triable issue of fact.” There is no indication in the record that…

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