Brian Kevin Gray v. ISIDRO BACA, Warden

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
BRIAN KEVIN GRAY,
Plaintiff-Appellant,
v.
ISIDRO BACA, Warden; BRIAN WARD;
ROMEO ARANAS; T. WICKHAM, true
name: Theresa Wickham; MARKS, Doctor;
true name: Dana Marks; JENNIFER, Last
name unknown; CANDI BROCKAWAY,
true name: Candice Brockway; true name:
Candis Rambur,
Defendants-Appellees.
No. 20-17337
D.C. No. 3:16-cv-00716-MMD-CLB
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Miranda M. Du, District Judge, Presiding
Submitted February 15, 2022**
Before: FERNANDEZ, TASHIMA, and FRIEDLAND, Circuit Judges.
Nevada state prisoner Brian Kevin Gray appeals pro se from the district
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
FEB 25 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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court’s summary judgment in his 42 U.S.C. § 1983 action alleging deliberate
indifference to his serious medical needs. We have jurisdiction under 28 U.S.C.
§ 1291. We review de novo. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.
2004). We affirm.
The district court properly granted summary judgment because Gray failed
to raise a genuine dispute of material fact as to whether defendants unreasonably
delayed in providing him with essential medications or ignored his medical
symptoms. See id. at 1057-60 (holding that deliberate indifference is a “high legal
standard” requiring a defendant be aware of and disregard an excessive risk to an
inmate’s health; medical malpractice or negligence does not amount to deliberate
indifference); Jones v. Williams, 297 F.3d 930, 934 (9th Cir. 2002) (holding that
liability under § 1983 requires a showing of personal participation in the alleged
rights deprivation).
AFFIRMED.

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