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United States Court of Appeals, Ninth Circuit.

Javier MURRIETA, Plaintiff-Appellant, v. Jane MCDUFFEE, Registered Nurse; et al., Defendants-Appellees.

No. 20-16771

Decided: June 29, 2021

Before: SILVERMAN, WATFORD, and BENNETT, Circuit Judges. Javier Murrieta, Pro Se


Arizona state prisoner Javier Murrieta appeals pro se from the district court's judgment dismissing 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 the district court's dismissal under 28 U.S.C. § 1915A. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000). We affirm.

The district court properly dismissed Murrieta's action because Murrieta failed to allege facts sufficient to show that defendants disregarded an excessive risk to Murrieta's abdominal pain and other gastrointestinal issues. See Toguchi v. Chung, 391 F.3d 1051, 1056-60 (9th Cir. 2004) (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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