FILED
NOT FOR PUBLICATION
AUG 16 2012
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
DIANE REIMERS, No. 11-16962
Plaintiff - Appellant, D.C. No. 1:10-cv-00763-SKO
v.
MEMORANDUM *
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Eastern District of California
Sheila K. Oberto, Magistrate Judge, Presiding **
Submitted August 8, 2012 ***
Before: ALARCÓN, BERZON, and IKUTA, Circuit Judges.
Diane Reimers, a California state prisoner, appeals pro se from the district
court’s judgment dismissing her 42 U.S.C. § 1983 action alleging deliberate
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
Reimers consented to proceed before a magistrate judge. See 28
U.S.C. § 636(c).
***
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
indifference with regard to treatment she received for neck and spinal injuries. We
have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under 28
U.S.C. § 1915A, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000), and we
affirm.
The district court properly dismissed Reimers’s deliberate indifference claim
because Reimers failed to allege facts showing that defendants acted with
conscious disregard to her heath. See Toguchi v. Chung, 391 F.3d 1051, 1057 (9th
Cir. 2004) (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 in diagnosing or treating a medical condition is insufficient); see also
Jackson v. McIntosh, 90 F.3d 330, 332 (9th Cir. 1996) (a difference of opinion
between the physician and the prisoner concerning the appropriate course of
treatment does not amount to deliberate indifference to serious medical needs).
AFFIRMED.
2 11-16962