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372 F. App'x 755

Nathaniel Morris v. Steven MacArthur

U.S. Courts of Appeals

Decided March 29, 2010

U.S. Courts of Appeals · decided 2010-03-29

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 · Franklin v. Oregon

Decided 2010-03-29

¶1 MEMORANDUM …

¶2 Nathaniel Morris, a Nevada state prisoner, 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 in violation of the Eighth Amendment. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004), and we affirm.

¶3 The district court properly granted summary judgment because Morris failed to raise a genuine issue of material fact as to whether defendant was deliberately indifferent to Morris’s alleged infection. See id. at 1057 (stating that a prison official acts with deliberate indifference only if he or she knows of and disregards an excessive risk to inmate health and safety); Franklin v. Or., State Welfare Div., 662 F.2d 1337, 1344 (9th Cir.1981) (“A difference of opinion between a prisoner-patient and prison medical authorities regarding treatment does not give rise to a § 1983 claim.”).

¶4 Morris’s remaining contentions are unpersuasive.

¶5 AFFIRMED.

…

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

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