FILED
NOT FOR PUBLICATION OCT 21 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ROBERT EUGENE GARRETT, No. 13-16017
Plaintiff - Appellant, D.C. No. 2:10-cv-00258-PGR
v.
MEMORANDUM*
JOHN P. WOLHER, Dr., Health Care
Provider at ASPC-Eyman,
Defendant - Appellee.
Appeal from the United States District Court
for the District of Arizona
Paul G. Rosenblatt, District Judge, Presiding
Submitted October 14, 2014**
Before: LEAVY, GOULD, and BERZON, Circuit Judges.
Robert Eugene Garrett, an Arizona 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. We have jurisdiction under 28
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
U.S.C. § 1291. We review de novo, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th
Cir. 2004), and we affirm.
The district court properly granted summary judgment because Garrett failed
to raise a genuine dispute of material fact as to whether defendant was deliberately
indifferent to his lower back injury or pain. See id. at 1057-58 (a prison official
acts with deliberate indifference only if he or she knows of and disregards an
excessive risk to the prisoner’s health and safety; negligence and a mere difference
in medical opinion are insufficient); Jackson v. McIntosh, 90 F.3d 330, 332 (9th
Cir. 1996) (to establish that a difference of medical opinion amounted to deliberate
indifference, a prisoner “must show that the course of treatment the doctors chose
was medically unacceptable under the circumstances” and “that they chose this
course in conscious disregard of an excessive risk to [the prisoner’s] health”).
AFFIRMED.
2 13-16017