Gutierrez

MEMORANDUM **

California state prisoner Alejandro Gutierrez appeals pro se from the district court’s summary judgment in favor of prison officials in his 42 U.S.C. § 1983 action alleging Eighth Amendment violations. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Beene v. Terhune, 380 F.3d 1149, 1150 (9th Cir.2004), and we affirm.

The district court properly granted summary judgment to defendants on Gutierrez’s excessive force claim because Gutierrez failed to raise a genuine issue of material fact as to whether force was applied during a cell extraction in a good faith effort to maintain or restore discipline or used maliciously to cause him harm. See Clement v. Gomez, 298 F.3d 898, 903 (9th Cir.2002) citing Whitley v. Albers, 475 U.S. 312, 320-21 , 106 S.Ct. 1078 , 89 L.Ed.2d 251 (1986).

The district court properly granted summary judgment on Gutierrez’s claim that he suffered cruel and unusual punishment for three months because his cell was too cold. See Farmer v. Brennan, 511 U.S. 825, 837 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994). In light of evidence that defendants were aware of the heating problem, that maintenance was attempting to fix it, and…