Opinion
No. 14-17376
03-22-2016
GILBERT F. COLON, Plaintiff - Appellant, v. PETERSON, Dr.; et al., Defendants - Appellees.
NOT FOR PUBLICATION
D.C. No. 1:07-cv-00932-AWI-GSA MEMORANDUM Appeal from the United States District Court for the Eastern District of California
Anthony W. Ishii, District Judge, Presiding Before: GOODWIN, LEAVY, and CHRISTEN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Gilbert F. Colon, 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. 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 because Colon failed to raise a genuine dispute of material fact as to whether defendants were deliberately indifferent in treating Colon's back condition. See id. at 1057-60 (a prison official acts with deliberate indifference only if he or she knows of and disregards an excessive risk to the prisoner's health; negligence and a mere difference in medical opinion are insufficient).
AFFIRMED.