Opinion
No. 18-17101
05-30-2019
MARIO MARTINEZ ARIAS, Plaintiff-Appellant, v. A. JOHAL, Medical Doctor at North Kern State Prison; et al., Defendants-Appellees.
NOT FOR PUBLICATION
D.C. No. 1:14-cv-00764-LJO-BAM MEMORANDUM Appeal from the United States District Court for the Eastern District of California
Lawrence J. O'Neill, District Judge, Presiding Before: THOMAS, Chief Judge, and FRIEDLAND and BENNETT, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Mario Martinez Arias, 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 a serious medical need. 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 Arias failed to raise a genuine dispute of material fact as to whether defendant Johal was deliberately indifferent to Arias's need for post-operative treatment of his right foot. See id. at 1057-60 (difference of opinion concerning course of treatment, medical malpractice, or negligence in diagnosing or treating a medical condition does not amount to deliberate indifference).
We reject as meritless Arias's contention that the district court erred by not considering his statements as qualified medical opinions.
AFFIRMED.