John Lee Layton, Plaintiff-appellant, v. E.k. Mcdaniel, Warden; Dwight W. Nevin; William Donat,defendants-appellees, 141 F.3d 1177 (9th Cir. 1998)

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US Court of Appeals for the Ninth Circuit - 141 F.3d 1177 (9th Cir. 1998) .Submitted Mar. 10, 1998**.Decided Mar. 17, 1998

Appeal from the United States District Court for the District of Nevada Edward C. Reed, Jr., District Judge, Presiding.

Before FLETCHER, BEEZER, and LEAVY, Circuit Judges.


MEMORANDUM* 

John Lee Layton, a Nevada state prisoner, appeals pro se the district court's summary judgment for defendant prison officials in his 42 U.S.C § 1983 action alleging that the conditions of his confinement violate the Eighth Amendment. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo a grant of summary judgment, see Barnett v. Centoni, 31 F.3d 813, 815 (9th Cir. 1994) (per curiam), and we affirm.

Layton failed to make an adequate showing that defendants acted with deliberate indifference with respect to his claim that the prison buildings where he was housed were shaking continuously. See Farmer v. Brennan, 511 U.S. 825, 837, 114 S. Ct. 1970, 128 L. Ed. 2d 811 (1994) (to be found liable for denying humane conditions of confinement, prison official must know that inmates face substantial risk of serious harm and disregard that risk); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S. Ct. 2548, 91 L. Ed. 2d 265 (1986) (requiring party opposing summary judgment to make adequate showing to establish existence of element essential to party's case). Also, Layton failed to submit any evidence to support his claims that other conditions of his confinement violated his Eighth Amendment rights. See Celotex Corp., 477 U.S at 322. Accordingly, summary judgment for defendants was properly granted.

AFFIRMED.

 **

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a); 9th Cir. R. 34-4

 *

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3

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