FILED
Corrected October 5, 2015+ SEP 03 2015
MOLLY C. DWYER, CLERK
NOT FOR PUBLICATION U.S. COURT OF APPEALS
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
STEPHEN ANTHONY HENRY, No. 14-16516
Plaintiff - Appellant, D.C. No. 3:13-cv-00201-CRB
v.
MEMORANDUM*
PRISON MEDICAL PROVIDERS OF
CALIFORNIA DEPARTMENT OF
CORRECTION AND
REHABILITATION; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Northern District of California
Charles R. Breyer, District Judge, Presiding
Submitted August 25, 2015**
Before: McKEOWN, CLIFTON, and HURWITZ, Circuit Judges.
Stephen Anthony Henry, a California state prisoner, appeals pro se from the
*
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).
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), and we affirm.
The district court properly granted summary judgment because Henry failed
to raise a genuine dispute of material fact as to whether defendants were
deliberately indifferent by delaying his referral to an ear, nose and throat specialist.
See id. at 1057-60 (a prison official acts with deliberate indifference only if he or
she knows of and disregards an excessive risk to the prisoner’s health; negligence
and a mere difference in medical opinion are insufficient); Hallett v. Morgan, 296
F.3d 732, 746 (9th Cir. 2002) (where the prisoner is alleging that delay of medical
treatment evinces deliberate indifference, the prisoner must show that the delay led
to further injury).
AFFIRMED.
2 14-16516