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United States Court of Appeals, Ninth Circuit.

Jerome BORDELON, Plaintiff-Appellant, v. Michael MINDORO, M.D.; et al., Defendants-Appellees.

No. 19-15895

Decided: November 26, 2019

Before: CANBY, TASHIMA, and CHRISTEN, Circuit Judges. Jerome Bordelon, Pro Se Wilfred T. Fong, Esquire, AGCA - Office of the Attorney General, Oakland, CA, for Defendants-Appellees


California state prisoner Jerome Bordelon 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. 2004). We affirm.

The district court properly granted summary judgment for defendant Mindoro because Bordelon failed to raise a genuine dispute of material fact as to whether Mindoro was deliberately indifferent to Bordelon’s heart issues. 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).


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