Dugan

MEMORANDUM

Ester Burnett, a California state prisoner, appeals pro se from the district court’s judgment dismissing 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 the district court’s dismissal for failure to state a claim. Hebbe v. Pliler, 627 F.3d 338, 341-42 (9th Cir.2010). We affirm.

The district court properly dismissed Burnett’s deliberate indifference claims against defendants Dugan and Hawthorne because Burnett failed to allege facts in his operative second amended complaint showing that defendants acted with deliberate indifference in their treatment of Burnett’s back pain. See Jackson v. McIntosh, 90 F.3d 330, 332 (9th Cir.1996) (to establish that a difference of opinion amounted to deliberate indifference, a prisoner must show that the defendants’ chosen course of treatment was medically unacceptable and in conscious disregard of an excessive risk to the prisoner’s health); see also Starr v. Baca, 652 F.3d 1202, 1207 (9th Cir.2011) (“A defendant may be held liable as a supervisor under § 1983 ‘if there exists either (1) his or her personal involvement in the…