Victor Quintana v. Eric Espinosa

MEMORANDUM

Victor Jose Quintana, a California state prisoner, appeals pro se from the district court’s summary judgment 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, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004), and we affirm.

The district court properly granted summary judgment because Quintana failed to raise a genuine dispute of material fact as to whether Espinosa was deliberately indifferent to his medical needs. See Farmer v. Brennan, 511 U.S. 825, 837 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994) (a prison official is deliberately indifferent only if he or she “knows of and disregards an excessive risk to inmate health or safety!’); Toguchi, 391 F.3d at 1060 (“Deliberate indifference is a high legal standard. A showing of ... negligence is insufficient to establish a constitutional deprivation under the Eighth Amendment.”).

AFFIRMED.

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