Opinion
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 32.1)
Appeal from the United States District Court for the District of Nevada. D.C. No. 3:10-cv-00088-RCJ. Robert Clive Jones, Chief Judge, Presiding.
RODERICK SAWYER, Plaintiff - Appellant, Pro se, Indian Springs, NV.
For MORROW COLE, GREG COX, DUANE GRAHAM, GENESA GARCIA, JAMES HARPEL, J. KOTRONAKIS, C. SMITH, JORDAN EVANGELISTA, Defendants - Appellees: Clark G. Leslie, Esquire, Deputy Assistant Attorney General, AGNV - OFFICE OF THE NEVADA ATTORNEY GENERAL (CARSON CITY), Carson City, NV.
Before: PREGERSON, LEAVY, and MURGUIA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Nevada state prisoner Roderick Sawyer appeals pro se from the district court's summary judgment in his 42 U.S.C. § 1983 action alleging Eighth Amendment violations arising from unsanitary conditions of confinement. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir. 2004), and we affirm.
The district court properly granted summary judgment because Sawyer failed to raise a genuine dispute of material fact as to whether defendants consciously disregarded an excessive risk to Sawyer's health by exposing him to unsanitary conditions in his cell and denying him adequate cleaning supplies. See id., 391 F.3d at 1058 (prison officials are deliberately indifferent only if they know of and disregard an excessive risk of serious harm to inmate health).
AFFIRMED.