NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS OCT 14 2025 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

ENRIQUE ZACARIAS DIAZ, No. 23-3695 D.C. No. 2:22-cv-00826-YY Plaintiff - Appellant,

v. MEMORANDUM* OREGON DEPARTMENT OF CORRECTIONS, Health Services; Nurse WILLIAMS,

Defendants - Appellees.

Appeal from the United States District Court for the District of Oregon Karin J. Immergut, District Judge, Presiding

Submitted August 19, 2025**

Before: SILVERMAN, HURWITZ, and BADE, Circuit Judges.

Oregon state prisoner Enrique Zacarias Diaz 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.

* 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). § 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 Diaz failed

to raise a genuine dispute of material fact as to whether Williams was deliberately

indifferent in responding to Diaz’s episode of low blood glucose. See id. at 1057-

58 (explaining that a defendant is deliberately indifferent only if the defendant

knows of and disregards an excessive risk to inmate health and safety, and that to

prevail on a claim involving alternative choices of treatment, the plaintiff must

show that the chosen treatment was medically unacceptable under the

circumstances).

AFFIRMED.

2 23-3695