FILED
NOT FOR PUBLICATION
OCT 27 2021
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
WARREN CLEVELAND GREEN, No. 20-16007
Plaintiff-Appellant, D.C. No.
2:14-cv-02854-TLN-AC
v.
O. AKINTOLA; et al., MEMORANDUM*
Defendants-Appellees,
and
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION; et al.,
Defendants.
Appeal from the United States District Court
for the Eastern District of California
Troy L. Nunley, District Judge, Presiding
Submitted October 25, 2021**
Before: FERNANDEZ, SILVERMAN, and NGUYEN, Circuit Judges
*
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).
Warren Green appeals the district court’s grant of summary judgment in
favor of the defendants in his prisoner civil rights action alleging deliberate
indifference to a serious medical need. We have jurisdiction pursuant to 28 U.S.C.
§ 1291. We review de novo, Jett v. Penner, 439 F.3d 1091, 1096 (9th Cir. 2006),
and affirm.
Summary judgment was proper for the defendants. At most, Green
established a difference of opinion between himself and the medical professionals
regarding diagnosis and treatment of his serious medical need. Such a difference
of opinion does not rise to the level of deliberate indifference. Toguchi v. Chung,
391 F.3d 1051, 1058 (9th Cir. 2004); Sanchez v. Vild, 891 F.2d 240, 242 (9th Cir.
1989).
We decline to consider arguments not properly raised in the district court.
Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir. 1999).
AFFIRMED.
2