Unpublished Disposition, 842 F.2d 1294 (9th Cir. 1986)

MEMORANDUM^** 

Bernard Schlenker, an Arizona state prisoner, appeals pro se the district court's grant of summary judgment in favor of various prison officials in his 42 U.S.C. § 1983 action.

The judgment is affirmed. The district court properly granted summary judgment on Schlenker's claim of inadequate medical care because Schlenker has failed to rebut the detailed affidavit of Theodore Jolley, Department of Corrections Regional Medical Administrator. That affidavit showed that Schlenker had been the recipient of medical care and had not been treated with deliberate indifference to his medical needs. No genuine issue of material fact remained for trial. See Estelle v. Gamble, 429 U.S. 97, 104 (1976); Toussaint v. McCarthy, 801 F.2d 1080, 1111 (9th Cir. 1986), cert. denied, 107 S. Ct. 2462 (1987). See also Fed. R. Civ. P. 56(e); Celotex Corp. v. Catrett, 106 S. Ct. 2548, 2553-54 (1986). Similarly, the court properly granted summary judgment on Schlenker's claim of denial of access to the law library because the law library log shows that he had signed into the library 113 times between December 1, 1984 and March 9, 1986. No material issue of fact remained to be litigated. See Bounds v. Smith, 430 U.S. 817, 828 (1977); King v. Atiyeh, 814 F.2d 565, 568 (9th Cir. 1987). See also Fed. R. Civ. P. 56(e); Celotex, 106 S. Ct. at 2553-54. Finally, defendants shall not be awarded attorney fees because there is no allegation that Schlenker brought this action in bad faith, or that he was able to recognize that this action in bad faith, or that he was able to recognize that this action was meritless, or that he has adequate financial resources to pay for attorney fees. See Miller v. Los Angeles County Bd. of Education, 827 F.2d 617, 619 (9th Cir. 1987).

AFFIRMED.