McClure

McClure v. Broadbent

Good Law
259 F. App'x 9
United States Court of Appeals for the Ninth CircuitDecember 10, 2007No. 06-17286California192 words

Opinion

Lead Opinion

MEMORANDUM **

John Patrick McClure, an Arizona state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging prison dentist Dr. Charles Broadbent acted with deliberate indifference to his medical needs. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Delta Savings Bank v. United States, 265 F.3d 1017, 1021 (9th Cir.2001), and we affirm.

The district court properly granted summary judgment, because McClure failed to raise a genuine issue of material fact as to whether Broadbent acted with deliberate indifference in treating his dental needs. See Toguchi v. Chung, 391 F.3d 1051, 1057-60 (9th Cir.2004). The record contains evidence that Broadbent provided treatment for McClure’s dental problems and McClure failed to produce evidence to support his allegation that Broadbent embedded a piece of steel into his tooth.

McClure’s motion for appointment of counsel is denied because McClure failed to demonstrate exceptional circumstances. *10 See Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir.1991).

McClure’s remaining contentions are unpersuasive.

AFFIRMED.

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