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

Nathaniel Morris v. Steven MacArthur

Nathaniel Morris v. Steven MacArthur
U.S. Court of Appeals for the Ninth Circuit · Decided March 29, 2010 · Schroeder, Pregerson, Rawlinson
372 F. App'x 755

Nathaniel Morris v. Steven MacArthur

Opinion

MEMORANDUM **

Nathaniel Morris, a Nevada 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 in violation of the Eighth Amendment. 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 Morris failed to raise a genuine issue of material fact as to whether defendant was deliberately indifferent to Morris’s alleged infection. See id. at 1057 (stating that a prison official acts with deliberate indifference only if he or she knows of and disregards an excessive risk to inmate health and safety); Franklin v. Or., State Welfare Div., 662 F.2d 1337, 1344 (9th Cir. 1981) (“A difference of opinion between a prisoner-patient and prison medical authorities regarding treatment does not give rise to a § 1983 claim.”).

Morris’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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