ARIAS v. JOHAL (2019)

United States Court of Appeals, Ninth Circuit.

Mario Martinez ARIAS, Plaintiff-Appellant, v. A. JOHAL, Medical Doctor at North Kern State Prison; et al., Defendants-Appellees.

No. 18-17101

Decided: May 30, 2019

Before: THOMAS, Chief Judge, and FRIEDLAND and BENNETT, Circuit Judges.

Mario Martinez Arias, Pro Se Jeremy Thomas, California Department of Justice, Tobacco Litigation & Enforcement, Sacramento, CA, for Defendant-Appellee

MEMORANDUM **

Mario Martinez Arias, 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 a serious medical need. 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 Arias failed to raise a genuine dispute of material fact as to whether defendant Johal was deliberately indifferent to Arias’s need for post-operative treatment of his right foot. See id. at 1057-60 (difference of opinion concerning course of treatment, medical malpractice, or negligence in diagnosing or treating a medical condition does not amount to deliberate indifference).

We reject as meritless Arias’s contention that the district court erred by not considering his statements as qualified medical opinions.

AFFIRMED.

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