(UNPUBLISHED)

Tyrone A. Davis suffered an injury to Ms knee when another inmate accidentally fell onto him in the exercise yard of the Nebraska State Penitentiary, and he underwent knee surgery some four months later. Davis brought a civil rights action under 42 U.S.C. § 1988 against appellees, Stephen G. Lemar, Tracey Curry, and Otha Serrell, for violating his Eighth Amendment right to be free from cruel and unusual pumshment. Davis alleged appellees were deliberately indifferent to his medical needs by failmg to diagnose Ms rnjury earlier and by delaying treatment of it. The district court 2 granted summary judgment to appellees after thoroughly discussing the record and concluding that Davis had not made a showing of deliberate mdifference or that his Eighth Amendment rights had been violated. After hearing oral argument and reviewing the record, we affirm on the basis of the district court’s opinion. 8th Cir. R. 47B.

A true copy.