William Garcia v. v. Katukota

MEMORANDUM

William P. Garcia, a California state prisoner, appeals pro se from the district court’s summary judgment for defendants and the order denying his motion for a preliminary injunction in his 42 U.S.C. § 1983 action alleging deliberate indifference to his serious medical needs. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo an order granting summary judgment, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004), and for abuse of discretion and proper application of legal principles an order denying a preliminary injunction, Earth Island Inst. v. U.S. Forest Serv., 351 F.3d 1291 , 1298 (9th Cir.2003). We affirm.

The district court properly granted summary judgment to defendants because evidence of medical misdiagnosis and of a difference of medical opinion are insufficient to show deliberate indifference. See McGuckin v. Smith, 974 F.2d 1050, 1059 (9th Cir.1992) (explaining that negligence in diagnosing or treating a medical condition, without more, does not violate a prisoner’s Eighth Amendment rights), rev’d on other grounds, WMX Tech., Inc. v. Miller, 104 F.3d 1133 (9th Cir.1997) (en banc); Sanchez v. Vild, 891 F.2d 240, 241-42 (9th Cir.1989)…