FILED
NOT FOR PUBLICATION FEB 19 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ROBERT LIONEL SANFORD, No. 10-56160
Plaintiff - Appellant, D.C. No. 3:08-cv-01049-H-PCL
v.
MEMORANDUM *
LEVIN, Chief Medical Officer (CSP); et
al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Southern District of California
Marilyn L. Huff, District Judge, Presiding
Submitted February 11, 2013 **
Before: FERNANDEZ, TASHIMA, and WARDLAW, Circuit Judges.
Former California state prisoner Robert Lionel Sanford 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
*
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 to defendants because
Sanford failed to raise a genuine dispute of material fact as to whether defendants
consciously disregarded Sanford’s need for post-operative care, including in
addressing a nasal bleed, after he had surgery for chronic sinus problems. See id.
at 1057-58 (neither negligence nor difference of opinion between doctor and
prisoner concerning the appropriate course of treatment amounts to deliberate
indifference to serious medical needs).
AFFIRMED.
2 10-56160