FILED
NOT FOR PUBLICATION NOV 01 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
BYRON EUGENE JOHNSON, No. 08-17149
Plaintiff - Appellant, D.C. No. 2:06-cv-02856-WBS-
CMK
v.
R. COX, M.D.; et al., MEMORANDUM *
Defendants - Appellees.
Appeal from the United States District Court
for the Eastern District of California
William B. Shubb, District Judge, Presiding
Submitted October 25, 2011 **
Before: TROTT, GOULD, and RAWLINSON, Circuit Judges.
Byron Eugene Johnson, 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 medical needs. We have jurisdiction under 28 U.S.C.
§ 1291. We review de novo, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.
*
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).
2004), and we affirm.
The district court properly granted summary judgment because Johnson
failed to raise a genuine dispute of material fact as to whether defendants were
deliberately indifferent to his knee and leg problems. See id. at 1057-58 (a prison
official acts with deliberate indifference only if he or she knows of and disregards
an excessive risk to the prisoner’s health and safety; negligence and a mere
difference in medical opinion are insufficient); Taylor v. List, 880 F.2d 1040, 1045
(9th Cir. 1989) (“Liability under section 1983 arises only upon a showing of
personal participation by the defendant.”).
Johnson’s remaining contentions are unpersuasive.
AFFIRMED.
2 08-17149