Alberto Del Muro v. Fernando Arriola

MEMORANDUM

Alberto Jose del Muro-Guerrero appeals pro se from the district court’s judgment in his action under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 , 91 S.Ct. 1999 , 29 L.Ed.2d 619 (1971), alleging deliberate indifference to his serious medical needs while in federal custody. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Ford v. City of Yakima, 706 F.3d 1188, 1192 (9th Cir.2013) (per curiam) (cross-motions for summary judgment). We affirm.

The district court properly granted summary judgment for defendants because del Muro-Guerrero failed to raise a genuine dispute of material fact as to whether defendants acted with deliberate indifference by denying surgery for a nasal obstruction. See Toguchi v. Chung, 391 F.3d 1051, 1057-58, 1060 (9th Cir.2004) (deliberate indifference is a high legal standard, and is met only if the defendant knows 'of and disregards an excessive risk to the inmate’s health; a mere difference in opinion concerning the course of treatment is insufficient); see also Simmons v. Navajo County, Ariz., 609 F.3d 1011, 1017 (9th Cir.2010) (“Although the Fourteenth Amendment’s Due Process Clause, rather…