FILED
NOT FOR PUBLICATION MAR 30 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
LEROY WILLIS, Jr., No. 08-55640
Plaintiff - Appellant, D.C. No. 3:04-cv-02303-WQH-
JMA
v.
STEVE RITTER, Chief Medical Officer; MEMORANDUM *
et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Southern District of California
William Q. Hayes, District Judge, Presiding
Submitted March 16, 2010 **
Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.
Leroy Willis, Jr., a California state prisoner, appeals pro se from the district
court’s summary judgment in his 42 U.S.C. § 1983 action alleging defendants
*
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).
tk/Research
violated the Eighth Amendment by acting with deliberate indifference to his
medical needs. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de
novo. Sanchez v. Vild, 891 F.2d 240, 241-42 (9th Cir. 1989). We affirm.
The district court properly granted summary judgment on Willis’s deliberate
indifference claim because there was no genuine issue of material fact as to
whether treatment Willis received was medically unacceptable. See id. at 242
(recognizing that a difference of opinion about the best course of medical treatment
does not amount to deliberate indifference).
Willis’s remaining contentions are unpersuasive.
Willis’s motion requesting a settlement conference is denied.
AFFIRMED.
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