Jamel Walker v. Jason Roher

FILED NOT FOR PUBLICATION OCT 11 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT JAMEL WALKER, No. 10-16807 Plaintiff - Appellant, D.C. No. 2:08-cv-03034-WBS- KJM v. JASON ROHER, MEMORANDUM * Defendant - Appellee. Appeal from the United States District Court for the Eastern District of California William B. Shubb, District Judge, Presiding Submitted September 27, 2011 ** Before: SILVERMAN, W. FLETCHER, and MURGUIA, Circuit Judges. Jamel Walker, 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. * 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). § 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 on Walker’s Eighth Amendment claim because Walker failed to raise a genuine dispute of material fact as to whether Roher’s treatment of his hip injury constituted deliberate indifference. See id. at 1058 (a prison official acts with deliberate indifference only if he knows of and disregards an excessive risk to inmate health, and a difference of opinion concerning the appropriate course of treatment does not amount to deliberate indifference). Walker’s remaining contentions are unpersuasive. AFFIRMED. 2 10-16807