Darryle Williams v. Arthur Calderon

Good Law
363 F. App'x 474
United States Court of Appeals for the Ninth CircuitJanuary 25, 201009-15243California219 words

Opinion

Opinion

MEMORANDUM

Darryle Williams, a California state prisoner, appeals pro se from the district court’s summary judgment for defendants in his 42 U.S.C. § 1983 action alleging that prison officials were deliberately indifferent to his serious medical needs in violation of the Eighth Amendment. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo a grant of summary judgment, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004), and for abuse of discretion the denial of a request for the appointment of counsel, Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir.1991), and we affirm.

The district court properly granted summary judgment because Williams’s dissatisfaction with the medical treatment that he received constituted, at most, a difference of medical opinion, which is insufficient to establish deliberate indifference. See Toguchi, 391 F.3d at 1058 (“[A] mere difference of medical opinion is insufficient, as a matter of law, to establish deliberate indifference.”) (internal quotation marks, ellipses, and brackets omitted).

The district court did not abuse its discretion by denying Williams’s request for the appointment of counsel because the record does not…

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