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Kenneth LAW, Plaintiff-Appellant, v. E.K. McDANIEL, Warden; et al., Defendants-Appellees

United States Court of Appeals for the Ninth Circuit2011-02-25No. No. 09-17686
416 F. App'x 638

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Opinion

majority opinion

MEMORANDUM

Kenneth Law, a Nevada state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that prison officials were deliberately indifferent to his safety. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Oliver v. Keller, 289 F.3d 623, 626 (9th Cir.2002), and we affirm.

The district court properly granted summary judgment because Law failed to raise a genuine issue of material fact as to whether defendants had a culpable state of mind when approving requests for a copy of a book containing information that posed a risk to Law’s safety, or allowing the book into the prison facility. See Farmer v. Brennan, 511 U.S. 825, 837,114 S.Ct. 1970, 128 L.Ed.2d 811 (1994) (“[A] prison official cannot be found liable [for deliberate indifference] unless the official knows of and disregards an excessive risk to inmate ... safety.”).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.