Howard Cochran v. Andreas Thude

U.S. Court of Appeals for the Ninth Circuit

Howard Cochran v. Andreas Thude

Opinion

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS DEC 16 2020

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT HOWARD COCHRAN, No. 20-15032

Plaintiff-Appellant, D.C. No. 2:18-cv-00690-MTL v.

MEMORANDUM* ANDREAS THUDE,

Defendant-Appellee.

Appeal from the United States District Court

for the District of Arizona

Michael T. Liburdi, District Judge, Presiding

Submitted December 2, 2020** Before: WALLACE, CLIFTON, and BRESS, Circuit Judges.

Arizona state prisoner Howard Cochran 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.

*

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

**

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 2004). We affirm.

The district court properly granted summary judgment because Cochran failed to raise a genuine dispute of material fact as to whether defendant Thude was deliberately indifferent to Cochran’s wrist pain. See id. at 1057-60 (a prison official is deliberately indifferent only if he or she knows of and disregards an excessive risk to inmate health; medical malpractice, negligence, or a difference of opinion concerning the course of treatment does not amount to deliberate indifference).

AFFIRMED.

2 20-15032

Reference

Status
Unpublished