Cion Peralta v. R.P. Galloway

MEMORANDUM

Cion Adonis Peralta, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that the defendants acted with deliberate indifference to his medical needs. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s dismissal under 28 U.S.C. § 1915A. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000). We may affirm on any basis supported by the record. Dittman v. California, 191 F.3d 1020 , 1027 n. 3 (9th Cir.1999). We affirm.

The district court properly dismissed Peralta’s action because his allegations of inadequate care state, at most, a claim of negligence. See Wood v. Housewright, 900 F.2d 1332, 1334 (9th Cir.1990) (“While poor medical treatment will at a certain point rise to the level of constitutional violation, mere malpractice, or even gross negligence, does not suffice.”); Sanchez v. Vild, 891 F.2d 240, 241-42 (9th Cir.1989) (holding that a difference of opinion about the best course of medical treatment does not amount to deliberate indifference); see also Steckman v. Hart Brewing, Inc., 143 F.3d 1293, 1298 (9th Cir.1998) (stating that the general rule that parties…