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259 F. App'x 12

Brownlee v. Stocker

U.S. Courts of Appeals

Decided December 10, 2007

U.S. Courts of Appeals · decided 2007-12-10

Cited by 1 later decisions — most recently January 2009

Applies 28 U.S.C. § 1291 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Toguchi v. Soon Hwang Chung · Herman Resnick v. Warden Hayes Lt. Ernst Officer Myers (Dho) Counselor Aune Officer Wade · Terrell v. Brewer

Good law ✅— No negative treatment on recordhow we know

Decided 2007-12-10

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¶1MEMORANDUM …

¶2Terrence Brownlee, a California state prisoner, appeals pro se from the district court’s order dismissing his 42 U.S.C. § 1983 action alleging the defendants acted with deliberate indifference to his medical needs. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo the district court’s dismissal for failure to state a claim, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000), and we affirm.

¶3The district court properly concluded that Brownlee’s second amended complaint did not adequately allege deliberate indifference to his serious medical needs. See Toguchi v. Chung, 391 F.3d 1051, 1057-60 (9th Cir.2004). Brownlee’s complaint demonstrates that he received numerous medical examinations, follow-up appointments, further testing, and various courses of treatment for his complaints of back pain. Brownlee’s disagreement with the course of treatment does not give rise to a section 1983 claim. See id. at 1059-60.

¶4The district court did not abuse its discretion in denying Brownlee’s motion for appointment of counsel because Brownlee failed to demonstrate exceptional circumstances. See Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir.1991).

¶5Brownlee’s request for judicial notice is denied.

¶6AFFIRMED.

¶7 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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