NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 21 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
FREDDY MORENO TORRES, No. 16-15760
Plaintiff-Appellant, D.C. No. 5:14-cv-05136-BLF
v.
MEMORANDUM*
MICHAEL C. SAYRE, M.D., “CMO”,
sued in their official and individual
capacity; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the Northern District of California
Beth Labson Freeman, District Judge, Presiding
Submitted March 8, 2017**
Before: LEAVY, W. FLETCHER, and OWENS, Circuit Judges.
Freddy Moreno Torres, a California 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
U.S.C. § 1291. We review de novo, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Cir. 2004), and we affirm.
The district court properly granted summary judgment because Torres failed
to raise a genuine dispute of material fact as to whether defendants were
deliberately indifferent in treating his chronic pain and the 2013 injury to his left
arm. 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 to establish
deliberate indifference); see also Estelle v. Gamble, 429 U.S. 97, 107 (1976) (“A
medical decision not to order an X-ray, or like measures, does not represent cruel
and unusual punishment.”).
AFFIRMED.
2 16-15760