Sergio Alvarez v. G. D. LEWIS, Warden;

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SERGIO ALVAREZ,
Plaintiff - Appellant,
v.
G. D. LEWIS, Warden; et al.,
Defendants - Appellees.
No. 12-15812
D.C. No. 3:10-cv-04833-JSW
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
Jeffrey S. White, District Judge, Presiding
Submitted March 12, 2013**
Before: PREGERSON, REINHARDT, and W. FLETCHER, Circuit Judges.
California state prisoner Sergio Alvarez appeals pro se from the district
court’s summary judgment in his 42 U.S.C. § 1983 action alleging deliberate
indifference to a serious risk of harm to his health due to exposure to cold
FILED
MAR 25 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-15812 2
temperatures in his cell. We have jurisdiction under 28 U.S.C. § 1291. We review
de novo, Keenan v. Hall, 83 F.3d 1083, 1088 (9th Cir. 1996), and we affirm.
The district court properly granted summary judgment because Alvarez
failed to raise a genuine dispute of material fact as to whether defendants knew of
and consciously disregarded a serious risk of harm to Alvarez’s health from
exposure to extremely cold temperatures in his cell. See Johnson v. Lewis, 217
F.3d 726, 733 (9th Cir. 2000) (deliberate indifference claim requires a showing that
prison officials’ subjective state of mind was sufficiently culpable).
We lack jurisdiction to review the district court’s order denying Alvarez’s
motion for reconsideration, and therefore, dismiss that portion of the appeal. See
Fed. R. App. P. 4(a)(4)(B)(ii) (appellant must file a notice of appeal or amend a
previously filed notice of appeal to secure review of a post-judgment order).
AFFIRMED.

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