Ralph Blakely v. Herb Snively

MEMORANDUM

Ralph Howard Blakely, a Washington state prisoner, appeals pro se from the district court’s summary judgment for defendants 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), for an abuse of discretion an order denying discovery under Rule 56(f) of the Federal Rules of Civil Procedure, Margolis v. Ryan, 140 F.3d 850, 853 (9th Cir.1998), and for the proper application of legal principles the denial of a motion for 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 the evidence showed at most a difference of medical opinion which is insufficient to show deliberate indifference. See Sanchez v. Vild, 891 F.2d 240, 241-42 (9th Cir.1989) (holding that a difference of opinion regarding the best course of medical treatment does not amount to deliberate indifference). The district court did not abuse its discretion by denying Blakely’s…