FILED
NOT FOR PUBLICATION MAR 21 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
FREDERICK J. FISCHER, No. 11-35595
Plaintiff - Appellant, D.C. No. 2:10-cv-01088-JCC
v.
MEMORANDUM *
DAVID KENNEY, Medical Director,
Defendant - Appellee.
Appeal from the United States District Court
for the Western District of Washington
John C. Coughenour, District Judge, Presiding
Submitted March 12, 2013 **
Before: PREGERSON, REINHARDT, and W. FLETCHER, Circuit Judges.
Frederick J. Fischer 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 U.S.C. § 1291. We review
*
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).
de novo, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir. 2004), and we affirm.
The district properly granted summary judgment on Fischer’s narcolepsy
and skin infection claims because Fischer failed to raise a genuine dispute of
material fact as to whether defendant was deliberately indifferent to Fischer’s
condition. See Jackson v. McIntosh, 90 F.3d 330, 332 (9th Cir. 1996) (difference
in opinion between the physician and the prisoner concerning the appropriate
course of treatment does not amount to deliberate indifference to serious medical
needs); see also Toguchi, 391 F.3d at 1057-58 (prison officials act with deliberate
indifference only if they know of and disregard an excessive risk to an inmate’s
health or safety).
AFFIRMED.
2 11-35595