Burgess v. Johnson
Burgess v. Johnson
Opinion of the Court
MEMORANDUM
Dwayne Lamont Burgess, a California state prisoner, appeals pro se from the district court’s summary judgment for defendants in his 42 U.S.C. § 1983 action alleging deliberate indifference to his serious medical needs. We have jurisdiction pursuant to 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 to defendant Chisum because evidence of medical misdiagnosis
The district court properly granted summary judgment to defendants Bledsoe, Pugh and Johnson because Burgess failed to raise a genuine issue of material fact as to whether the defendants disregarded a serious medical need or whether a delay in or denial of treatment resulted in further injury. See McGuckin, 974 F.2d at 1060.
The district court did not abuse its discretion by denying Burgess’s motion for appointment of counsel because Burgess did not demonstrate exceptional circumstances. See Agyeman v. Corr. Corp. of Am., 390 F.3d 1101, 1103 (9th Cir. 2004).
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.