
    Samuel Anthony ACINELLI, Jr., Plaintiff-Appellant, v. BLACKMON, Lt. Supervisor of Work Assignments, individual capacity and official capacity, Defendant-Appellee.
    No. 15-56955
    United States Court of Appeals, Ninth Circuit.
    Submitted January 18, 2017 
    
    Filed JANUARY 30, 2017
    Samuel Anthony Acinelli, Jr., Pro Se
    Jillian O’Brien, AGCA—Office of the California Attorney General, San Francisco, CA, for Defendant-Appellee
    Before: TROTT, TASHIMA, and CALLAHAN, Circuit Judges.
    
      
       The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
    
   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.
     