GORDON MEADOR V. RALPH DIAZ, No. 20-16760 (9th Cir. 2021)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED SEP 22 2021 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT GORDON DALE MEADOR, Plaintiff-Appellant, v. U.S. COURT OF APPEALS No. 20-16760 D.C. No. 4:19-cv-02116-JSW MEMORANDUM* RALPH DIAZ; et al., Defendants-Appellees. Appeal from the United States District Court for the Northern District of California Jeffrey S. White, District Judge, Presiding Submitted September 14, 2021** Before: PAEZ, NGUYEN, OWENS, Circuit Judges. Gordon Dale Meador appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging deliberate indifference to his safety. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir. 2004). We affirm. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). The district court properly granted summary judgment because Meador failed to raise a genuine dispute of material fact as to whether defendants knew of and disregarded an excessive risk to his safety. See Farmer v. Brennan, 511 U.S. 825, 837 (1994) (a prison official cannot be held liable for deliberate indifference “unless the official knows of and disregards an excessive risk to inmate health or safety; the official must both be aware of facts from which the inference could be drawn that a substantial risk of serious harm exists, and he must also draw the inference”). AFFIRMED. 2 20-16760

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