Richard Terflinger v. Michael Sayre

FILED NOT FOR PUBLICATION MAR 05 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT RICHARD TERFLINGER, No. 11-15058 Plaintiff - Appellant, D.C. No. 3:09-cv-03014-CRB v. MEMORANDUM * MICHAEL C. SAYRE, M.D.; et al., Defendants - Appellees. Appeal from the United States District Court for the Northern District of California Charles R. Breyer, District Judge, Presiding Submitted February 21, 2012 ** Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges. Richard Terflinger, 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 * 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). U.S.C. § 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 because Terflinger failed to raise a genuine dispute of material fact as to whether defendants treatment of his degenerative joint disease in his left knee constituted deliberate indifference. See id. at 1058 (prison officials act with deliberate indifference only if they know of and disregard an excessive risk to inmate health, and a difference of opinion concerning the appropriate course of treatment does not amount to deliberate indifference). Terflinger’s remaining contentions are unpersuasive. AFFIRMED. 2 11-15058