NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS DEC 5 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOHNNY L. FRANKLIN, Jr., No. 18-15561
Plaintiff-Appellant, D.C. No. 2:14-cv-00057-KJM-DB
v.
MEMORANDUM*
ROHLFING; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the Eastern District of California
Kimberly J. Mueller, District Judge, Presiding
Submitted November 27, 2018**
Before: CANBY, TASHIMA, and FRIEDLAND, Circuit Judges.
California state prisoner Johnny L. Franklin, Jr., 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). We affirm.
The district court properly granted summary judgment because Franklin
failed to raise a genuine dispute of material fact as to whether defendants were
deliberately indifferent to Franklin’s health condition. See id. at 1057-60 (a prison
official is deliberately indifferent only if he or she knows of and disregards an
excessive risk to inmate health; medical malpractice, negligence, or a difference of
opinion concerning the course of treatment does not amount to deliberate
indifference).
AFFIRMED.
2 18-15561