TIDWELL v. GALLAGHER (2018)

MEMORANDUM **

Joseph Allen Tidwell, a California state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging deliberate indifference to his serious medical need. 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.

The district court properly granted summary judgment because Tidwell failed to raise a genuine dispute of material fact as to whether Gallagher caused the delay in providing medical records to an outside specialist. See Leer v. Murphy, 844 F.2d 628, 633 (9th Cir. 1988) (“A person deprives another of a constitutional right, within the meaning of section 1983, if he does an affirmative act, participates in another’s affirmative acts, or omits to perform an act which he is legally required to do that causes the deprivation of which [the plaintiff complains].” (citation and internal quotation marks omitted) (emphasis in original) ).

AFFIRMED.