James Calloway v. Cdcr

FILED
NOT FOR PUBLICATION OCT 12 2011

MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

JAMES WILSON CALLOWAY, No. 10-16640

Plaintiff - Appellant, D.C. No. 5:07-cv-02335-RMW

v.
MEMORANDUM *
CESAR L. SINNACO, Dr.; et al.,

Defendants - Appellees.

Appeal from the United States District Court
for the Northern District of California
Ronald M. Whyte, District Judge, Presiding

Submitted September 27, 2011 **

Before: SILVERMAN, W. FLETCHER, and MURGUIA, Circuit Judges.

California state prisoner James Wilson Calloway 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

*
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).
U.S.C. § 1291. We review de novo. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th

Cir. 2004). We affirm.

The district court properly granted summary judgment because Calloway did

not raise a genuine dispute of material fact as to whether defendant Sinnaco knew

of and disregarded an excessive risk to him. See id. at 1057-58 (a prison official

acts with deliberate indifference only if he knows of and disregards an excessive

risk to an inmate’s health and safety, and a difference of opinion about the best

course of medical treatment does not amount to deliberate indifference).

The district court did not abuse its discretion in denying Calloway’s motion

for reconsideration because Calloway identified no proper ground for such relief.

See Sch. Dist. No. 1J, Multnomah Cnty., Or. v. ACandS, Inc., 5 F.3d 1255, 1262-63

(9th Cir. 1993) (setting forth standard of review and grounds for reconsideration).

Calloway’s remaining contentions are unpersuasive.

Calloway’s motion to file corrections to his opening brief, filed on

November 9, 2010, is granted.

AFFIRMED.

2 10-16640