Mickens v. Stafford Creek Correction Center
Mickens v. Stafford Creek Correction Center
Opinion of the Court
MEMORANDUM
Washington state prisoner Rory L. Mickens appeals pro se the district court’s summary judgment for defendants in his 42 U.S.C. § 1983 action alleging that prison officials failed to protect him from an assault by another inmate. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir. 2000) (en banc), and we affirm.
The district court properly granted summary judgment for defendants because Mickens failed to raise a genuine issue of material fact as to whether prison officials were deliberately indifferent to his safety. See Farmer v. Brennan, 511 U.S. 825, 834, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994). Although Mickens attests that he told correctional officer Van Ogle on one occasion that he generally feared an assault, he
Mickens’s contention that the district court abused its discretion by denying his request to appoint counsel lacks merit because he failed to demonstrate “exceptional circumstances” or a likelihood of success on the merits. See Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991).
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.