Opinion
No. 10-57011 D.C. No. 3:09-cv-00360-JAH-JMA
04-26-2012
KEITH WAYNE SEKERKE, Plaintiff - Appellant, v. JASON SILVA, Doctor, Defendant - Appellee.
NOT FOR PUBLICATION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
John A. Houston, District Judge, Presiding
Before: LEAVY, PAEZ, and BEA, Circuit Judges.
Keith Wayne Sekerke, 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 Sekerke's evidence, including his verified complaint, failed to raise a genuine dispute as to whether defendant Silva acted with deliberate indifference in treating his infection and headaches. See id. at 1057-58, 1060 (a difference of opinion about the preferred course of medical treatment does not constitute an Eighth Amendment violation and a "showing of medical malpractice or negligence is insufficient to establish a constitutional deprivation").
Sekerke's remaining contentions are unpersuasive.
AFFIRMED.