U.S. Court of Appeals for the Ninth Circuit, 2010

Nehemiah Robinson v. M Penner

Nehemiah Robinson v. M Penner
U.S. Court of Appeals for the Ninth Circuit · Decided March 8, 2010 · Fernandez, Gould, Smith
370 F. App'x 779

Nehemiah Robinson v. M Penner

Opinion

MEMORANDUM **

Nehemiah Robinson, a California state prisoner, appeals pro se from the district court’s summary judgment for defendants in 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, Togu-chi v. Chung, 391 F.3d 1051, 1056 (9th Cir. 2004), and we affirm.

The district court properly granted summary judgment to defendants because Robinson failed to raise a genuine issue of material fact as to whether the treatment for his arthritis “was medically unacceptable under the circumstances and was chosen in conscious disregard of an excessive risk to [his] health.” Id. at 1058 (explaining that a difference of medical opinion is insufficient, as a matter of law, to establish deliberate indifference) (citation and internal quotation omitted).

Robinson’s remaining contentions are unpersuasive.

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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