Samuel Anthony ACINELLI, Jr., Plaintiff-Appellant, v. BLACKMON, Lt. Supervisor of Work Assignments, individual capacity and official capacity, Defendant-Appellee, 675 F. App'x 652

MEMORANDUM Samuel Anthony Acinelli, Jr., 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 needs arising from his work assignment. 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 Acinelli failed to raise a genuine dispute of material fact as to whether defendant Lt. Blackmon was deliberately indifferent to Acinelli’s health by not removing Acinelli from his work assignment. See id. at 1057 (a prison official acts with deliberate indifference only if he or she knows of and disregards an excessive risk to the prisoner’s health); Berry v.

Bunnell, 39 F.3d 1056, 1057 (9th Cir. 1994) (“[T]he Eighth Amendment does not apply [to prison labor conditions] unless prisoners are compelled to perform physical labor which is beyond their strength, endangers their lives or health, or causes undue pain.”). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.