Jose Garcia v. Kyeong Park

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS DEC 15 2023 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JOSE LUIS GARCIA, No. 22-16840 Plaintiff-Appellant, D.C. No. 3:21-cv-09048-JD v. MEMORANDUM* KYEONG PARK, Defendant-Appellee. Appeal from the United States District Court for the Northern District of California James Donato, District Judge, Presiding Submitted December 12, 2023** Before: WALLACE, LEE, and BUMATAY, Circuit Judges California state prisoner Jose Luis Garcia 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 Garcia failed to raise a genuine dispute of material fact as to whether defendant was deliberately indifferent in treating Garcia’s foot issues. See id. at 1057-60 (prison officials act with deliberate indifference only if they know of and disregard a risk to the prisoner’s health; medical malpractice, negligence, or difference of opinion concerning the course of treatment does not amount to deliberate indifference). AFFIRMED. 2 22-16840