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Robert Lee JENKINS, Plaintiff-Appellant, v. Ron BARNES, Warden, High Desert State Prison; et al., Defendants-Appellees

United States Court of Appeals for the Ninth Circuit2017-04-24No. No. 16-15674
689 F. App'x 869

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Opinion

majority opinion

MEMORANDUM

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. 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.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.