Opinion
No. 10-56160 D.C. No. 3:08-cv-01049-H-PCL
02-19-2013
ROBERT LIONEL SANFORD, Plaintiff - Appellant, v. LEVIN, Chief Medical Officer (CSP); et al., Defendants - Appellees.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the Southern District of California
Marilyn L. Huff, District Judge, Presiding
Before: FERNANDEZ, TASHIMA, and WARDLAW, Circuit Judges.
Former California state prisoner Robert Lionel Sanford appeals pro se from the district court's summary judgment in his 42 U.S.C. § 1983 action alleging deliberate indifference to serious medical needs. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir. 2004), and we affirm.
The district court properly granted summary judgment to defendants because Sanford failed to raise a genuine dispute of material fact as to whether defendants consciously disregarded Sanford's need for post-operative care, including in addressing a nasal bleed, after he had surgery for chronic sinus problems. See id. at 1057-58 (neither negligence nor difference of opinion between doctor and prisoner concerning the appropriate course of treatment amounts to deliberate indifference to serious medical needs).
AFFIRMED.