DONALD WILLIAMS V. M. EVANS, No. 11-15384 (9th Cir. 2012)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAY 22 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT DONALD WILLIAMS, No. 11-15384 Plaintiff - Appellant, D.C. No. 2:09-cv-03067-GGH v. MEMORANDUM * M. S. EVANS, Warden; et al., Defendants - Appellees. Appeal from the United States District Court for the Eastern District of California Gregory G. Hollows, Magistrate Judge, Presiding ** Submitted May 15, 2012 *** Before: CANBY, GRABER, and M. SMITH, Circuit Judges. Donald Williams, a California state prisoner, appeals pro se from the district court s summary judgment in his 42 U.S.C. § 1983 action alleging that prison * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The parties consented to proceed before a magistrate judge. See 28 U.S.C. § 636(c). *** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). officials violated the Eighth Amendment by failing to provide him with safe showering facilities. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir. 2004), and we affirm. The district court properly granted summary judgment because Williams failed to raise a genuine dispute of material fact as to whether defendants acted with deliberate indifference regarding shower safety and the provision of shower mats. See id. at 1058 (prison officials act with deliberate indifference only if they know of and disregard an excessive risk to inmate health and safety); id. at 1060 ( Deliberate indifference is a high legal standard. ). Williams remaining contentions are unpersuasive. AFFIRMED. 2 11-15384
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