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[U} Jimmie A. Smith v. J. Fitter

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT


January 7, 2011

JIMMIE A. SMITH, PLAINTIFF - APPELLANT,
v.
J. FITTER, M.D. AND H. CASSIM, M.D., DEFENDANTS - APPELLEES.

Appeal from the United States District Court for the Central District of California Cormac J. Carney, District Judge, Presiding D.C. No. 2:07-cv-05712-CJCAGR

NOT FOR PUBLICATION

MEMORANDUM*fn1

Submitted December 14, 2010*fn2

Before: GOODWIN, WALLACE, and THOMAS, Circuit Judges.

California state prisoner Jimmie A. Smith 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 because Smith did not raise a genuine issue of material fact as to whether the defendants knew of and disregarded any excessive risks to him. See id. at 1057--58 (a prison official acts with deliberate indifference only if he knows of and disregards an excessive risk to an inmate's health and safety, and a difference of opinion about the best course of medical treatment does not amount to deliberate indifference); Wood v. Housewright, 900 F.2d 1332, 1334 (9th Cir. 1990) ("mere malpractice, or even gross negligence, does not suffice").

AFFIRMED.


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