Ricardo Guzman v. Merle Sogge

MEMORANDUM

California state prisoner Ricardo Guzman appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging, among other things, deliberate indifference to a serious medical need. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal under 28 U.S.C. § 1915A. Hamilton v. Brown, 630 F.3d 889, 892 (9th Cir.2011). We affirm.

The district court properly dismissed Guzman’s claim because Guzman failed to allege facts sufficient to show that defendants acted with deliberate indifference in performing his liver biopsy and treating his post-biopsy pain and injury. See Toguchi v. Chung, 391 F.3d 1051, 1057-58 (9th Cir.2004) (a prison official acts with deliberate indifference only if the prison official knows of and disregards an excessive risk to the prisoner’s health; medical malpractice, negligence, or a mere difference of opinion concerning the course of treatment is insufficient); see also Hebbe v. Pliler, 627 F.3d 338, 341-42 (9th Cir.2010) (although- pro se pleadings are liberally construed, a plaintiff must allege facts sufficient to state a plausible claim).

The district court did not abuse its…