VALENZUELA v. THOMAS (2020)

United States Court of Appeals, Ninth Circuit.

Melinda Gabriella VALENZUELA, Plaintiff-Appellant, v. Kataushia THOMAS, Facility Health Administrator at Lewis Complex; et al., Defendants-Appellees.

No. 18-17166

Decided: December 15, 2020

Before: WALLACE, CLIFTON, and BRESS, Circuit Judges.

Melinda Gabriella Valenzuela, Pro Se Joseph Scott Conlon, Renaud Cook Drury Mesaros, PA, Phoenix, AZ, for Defendants-Appellees

MEMORANDUM **

Arizona state prisoner Melinda Gabriella Valenzuela appeals pro se from the district court's summary judgment in her 42 U.S.C. § 1983 action alleging deliberate indifference to her 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. 2004). We affirm.

The district court properly granted summary judgment because Valenzuela failed to raise a genuine dispute of material fact as to whether defendants were deliberately indifferent to her back 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 difference of opinion concerning the course of treatment does not amount to deliberate indifference).

We do not consider documents not presented to the district court. See United States v. Elias, 921 F.2d 870, 874 (9th Cir. 1990).

Valenzuela's motion to order appellees to provide correct addresses (Docket Entry No. 34) is denied as moot.

AFFIRMED.

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