Opinion
No. 18-16910
06-13-2019
JESSE WASHINGTON, Plaintiff-Appellant, v. P. ROUCH, Nurse Practitioner; C. SISODIA, Physicians Assistant, Defendants-Appellees, and N. HOLLAND, Defendant.
NOT FOR PUBLICATION
D.C. No. 1:15-cv-00725-DAD-BAM MEMORANDUM Appeal from the United States District Court for the Eastern District of California
Dale A. Drozd, District Judge, Presiding Before: CANBY, GRABER, and MURGUIA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Jesse Washington, 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). We affirm.
The district court properly granted summary judgment because Washington failed to raise a genuine dispute of material fact as to whether defendants Rouch and Sisodia were deliberately indifferent to his foot pain and flat feet condition. See id. at 1057-60 (explaining medical malpractice, negligence, or a difference of opinion concerning the course of treatment does not amount to deliberate indifference); id. at 1058 (explaining "a prisoner must show that the chosen course of treatment was medically unacceptable under the circumstances and was chosen in conscious disregard of an excessive risk to [the prisoner's] health." (citation and internal quotation marks omitted)).
Defendants' motion to strike new evidence on appeal (Docket Entry No. 11) is granted.
AFFIRMED.