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Nehemiah ROBINSON, Plaintiff-Appellant, v. M. PENNER; et al., Defendants-Appellees

United States Court of Appeals for the Ninth Circuit2010-03-08No. No. 08-16604
370 F. App'x 779

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Opinion

majority opinion

MEMORANDUM

Nehemiah Robinson, a California state prisoner, appeals pro se from the district court’s summary judgment for defendants in his 42 U.S.C. § 1983 action alleging deliberate indifference to his medical needs. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Togu-chi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004), and we affirm.

The district court properly granted summary judgment to defendants because Robinson failed to raise a genuine issue of material fact as to whether the treatment for his arthritis “was medically unacceptable under the circumstances and was chosen in conscious disregard of an excessive risk to [his] health.” Id. at 1058 (explaining that a difference of medical opinion is insufficient, as a matter of law, to establish deliberate indifference) (citation and internal quotation omitted).

Robinson’s remaining contentions are unpersuasive.

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.