FILED
NOT FOR PUBLICATION JAN 16 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MARCUS L. HUDSON, No. 12-15883
Plaintiff - Appellant, D.C. No. 2:09-cv-02328-JAM-
CKD
v.
ANDREW NANGALAMA, M.D.; MEMORANDUM *
JASDEEP BAL, Chief Medical Officer,
Defendants - Appellees.
Appeal from the United States District Court
for the Eastern District of California
John A. Mendez, District Judge, Presiding
Submitted January 15, 2013 **
Before: SILVERMAN, BEA, and NGUYEN, Circuit Judges.
California state prisoner Marcus L. Hudson appeals pro se from the district
court’s summary judgment in his 42 U.S.C. § 1983 action alleging deliberate
indifference to 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 because Hudson
failed to raise a genuine dispute of material fact as to whether defendants failed to
prescribe appropriate pain medication or respond adequately to his medical needs.
See id. at 1058 (prison officials act with deliberate indifference only if they know
of and disregard an excessive risk to inmate health); Jackson v. McIntosh, 90 F.3d
330, 332 (9th Cir. 1996) (to establish that a difference of opinion amounted to
deliberate indifference, a prisoner must show that the defendants’ chosen course of
treatment was medically unacceptable and in conscious disregard of an excessive
risk to the prisoner’s health).
AFFIRMED.
2 12-15883