Opinion
No. 10-17016.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
July 27, 2011.
Appeal from the United States District Court for the Eastern District of California Michael J. Seng, Magistrate Judge, Presiding D.C. No. 1:09-cv-01531-MJS.
Ortega consented to proceed before a magistrate judge. See 28 U.S.C. § 636(c).
Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Mario Timmothy Ortega, a California state prisoner, appeals pro se from the district court's judgment dismissing his 42 U.S.C. § 1983 action alleging deliberate indifference to his medical needs. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under 28 U.S.C. §§ 1915A and 1915(e)(2). Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998). We affirm.
The district court properly dismissed Ortega's amended complaint because his allegations, at most, showed a difference of opinion regarding the treatment of his eye. See Jackson v. McIntosh, 90 F.3d 330, 332 (9th Cir. 1996) (explaining that a difference of opinion about medical care is "insufficient, as a matter of law, to establish deliberate indifference").
Ortega's remaining contentions are unpersuasive.
AFFIRMED.