Unpublished Disposition, 925 F.2d 1470 (9th Cir. 1991)

MEMORANDUM^** 

Gordon Rayborn, a Nevada state prisoner, appeals pro se the district court's grant of summary judgment in favor of defendant prison officials in his 42 U.S.C. § 1983 action. Rayborn contends the defendants violated his eighth amendment right to be free from cruel and unusual punishment. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

We review the district court's grant of summary judgment de novo. Hunt v. Dental Dept., 865 F.2d 198, 200 (9th Cir. 1989) (citation omitted). Viewing the evidence in the light most favorable to the nonmoving party, we must determine whether there is a genuine issue as to any material fact and, if not, whether the moving party was entitled to judgment as a matter of law. Id. (citation omitted); Fed. R. Civ. P. 56(c).

There are no facts in dispute in this action. The district court's order granting summary judgment for defendants included a detailed discussion of the reasonableness of defendant's use of force against Rayborn, and applied the correct legal standard. Rayborn cannot object to the district court's reliance on statements in his affidavit as a true statement of what occurred during the incident. Moreover, the stipulation of facts does not conflict with Rayborn's affidavit. Thus, we affirm the grant of summary judgment for defendants in this action based on the analysis set forth in the district court's well-reasoned order.

AFFIRMED.