Opinion
No. 19-15895
11-26-2019
JEROME BORDELON, Plaintiff-Appellant, v. MICHAEL MINDORO, M.D.; et al., Defendants-Appellees.
NOT FOR PUBLICATION
D.C. No. 3:17-cv-05724-CRB MEMORANDUM Appeal from the United States District Court for the Northern District of California
Charles R. Breyer, District Judge, Presiding Before: CANBY, TASHIMA, and CHRISTEN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
California state prisoner Jerome Bordelon 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. 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 for defendant Mindoro because Bordelon failed to raise a genuine dispute of material fact as to whether Mindoro was deliberately indifferent to Bordelon's heart issues. See id. at 1057-60 (a prison official is deliberately indifferent only if he or she knows of and disregards an excessive risk to inmate health; medical malpractice, negligence, or a difference of opinion concerning the course of treatment does not amount to deliberate indifference).
AFFIRMED.