[T][U] Martin v. Swinson

MEMORANDUM* Tommy Martin, Jr., a federal prisoner, appeals pro se the district court's summary judgment in favor of defendant prison officials in his action under Bivens v. Six Unknown Named Agents of the Fed. Bureau of Narcotics, 403 U.S. 388, 29 L. Ed. 2d 619, 91 S. Ct. 1999 (1971). Martin contends that the district court erred by finding that the defendants have provided Martin adequate medical care. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo the district court's summary judgment, Sanchez v. Vild, 891 F.2d 240, 241-2 (9th Cir. 1989), and we affirm. ""Summary judgment is appropriate if the moving party presents evidence that shows that no genuine issue of material fact exists and that it is entitled to judgment as a matter of law. Once the moving party has met this initial burden, the nonmoving party has the subsequent burden of presenting significant probative evidence tending to support its claim that material, triable issues of fact remain."" Id.; see also Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 91 L. Ed. 2d 202, 106 S. Ct. 2505 (1986).