Mark Parker v. Unknown Rowe

Good Law
584 F. App'x 635
United States Court of Appeals for the Ninth CircuitAugust 21, 201413-15870California257 words

Opinion

Opinion

MEMORANDUM

Arizona state prisoner Mark Steven Parker appeals pro se from the district court’s summary judgment in Parker’s 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 Parker failed to raise a genuine dispute of material fact as to whether Dr. Rowe provided treatment for Parker’s gout that was medically unacceptable under the circumstances and was chosen in conscious disregard of an excessive risk to his health. See id. at 1058 (explaining requirements to prevail on a medical deliberate indifference claim involving choices between alternative courses of treatment).

The district court did not abuse its discretion in denying Parker’s “Motion to Put Court on Notice of Due Process Violations” because Parker did not seek specific relief, but rather attempted to raise issues that he had not addressed in any previous filings. See Preminger v. Peake, 552 F.3d 757 , 769 n. 11 (9th Cir.2008) (reviewing for an abuse of discretion the district court’s decision…

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