Gillen
Gillen v. D'Amico
Opinion
Lead Opinion
MEMORANDUM **
Nevada state prisoner Raymond Gillen appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging prison officials acted with deliberate indifference to his serious medical needs in violation of the Eighth Amendment and Nevada Revised Statutes § 209.371. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s grant of summary judgment, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004), and we affirm.
The parties are familiar with the facts and prior proceedings. Gillen is serving a life sentence in Nevada. While in prison, Gillen was diagnosed with right leg gangrene and it became medically necessary to amputate Gillen’s right leg above the *174 knee. Gillen thereafter received a prosthetic leg. The prosthetic leg has been repaired several times. Gillen states that the prosthesis is ill-fitting, causing him pain and affecting his ability to walk. Following several examinations by medical staff and a review by the prison’s Utilization Review Board, Gillen’s request for a replacement prosthetic leg was denied. The defendants offered Gillen the alternatives of using a wheelchair, crutches, or a…