WILHELM v. ROTMAN

No. 11-16335.

680 F.3d 1113 (2012)

Steven Hairl WILHELM, Plaintiff-Appellant, v. Dr. Aron ROTMAN; Dr. Calvin Schuster, and Dr. Jean Pierre, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 25, 2012.


Attorney(s) appearing for the Case

Ivana Cingel , O'Melveny & Myers LLP, Los Angeles, CA; Samuel Siegal , Law Student, UCLA School of Law, Ninth Circuit Appellate Advocacy Clinic, Los Angeles, CA; Geoffrey H. Yost , Supervising Attorney, O'Melveny & Myers LLP, San Francisco, CA, for the plaintiff-appellant.

Vickie P. Whitney , Supervising Deputy Attorney General, Sacramento, CA, for amicus curiae Attorney General of California on behalf of the defendants-appellees.

Before: MARY M. SCHROEDER, DIARMUID F. O'SCANNLAIN, and SUSAN P. GRABER, Circuit Judges.


OPINION

GRABER, Circuit Judge:

Plaintiff Steven Hairl Wilhelm filed a pro se complaint, under 42 U.S.C. § 1983, against certain prison medical providers— Dr. Aron Rotman and Dr. Calvin Schuster. Plaintiff alleged that the providers' delay in treating his hernia amounted to deliberate indifference to his medical needs, in violation of the Eighth Amendment. At the screening stage, a magistrate judge dismissed the case for failure to state a claim...

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