Robert Jenkins v. Ron Barnes

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 24 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ROBERT LEE JENKINS, No. 16-15674 Plaintiff-Appellant, D.C. No. 2:13-cv-00596-KJM-AC v. MEMORANDUM* RON BARNES, Warden, High Desert State Prison; et al., Defendants-Appellees. Appeal from the United States District Court for the Eastern District of California Kimberly J. Mueller, District Judge, Presiding Submitted April 11, 2017** Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges. California state prisoner Robert Lee Jenkins 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 de novo. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 2004). We affirm. The district court properly granted summary judgment because Jenkins failed to raise a genuine dispute of material fact as to whether defendant Miranda acted with deliberate indifference by changing Jenkins’s pain medication and discontinuing Jenkins’s authorization for a cane and back brace. See id. at 1058-60 (deliberate indifference is a high legal standard; medical malpractice, negligence, or a difference of opinion concerning the course of treatment does not amount to deliberate indifference). AFFIRMED. 2 16-15674