John Baker v. Thomas Bell

MEMORANDUM

Arizona state prisoner John P. Baker appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging deliberate indifference to his serious medical needs. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir. 2004) (summary judgment); Ramirez v. Galaza, 334 F.3d 850, 853 (9th Cir. 2003) (dismissal under 28 U.S.C. § 1915A). We affirm.

The district court properly granted summary judgment because Baker failed to raise a genuine dispute of material fact as to whether defendant Bell was deliberately indifferent in treating his various medical issues. See Toguchi, 391 F.3d at 1057-60 (a prison official is deliberately indifferent only if he or she knows of and disregards an excessive risk to an inmate’s health; medical malpractice, negligence, or a difference of opinion concerning the course of treatment does not amount to deliberate indifference).

The district court properly dismissed defendant Wexford because Baker failed to allege sufficient facts to state a plausible Eighth Amendment claim. See id.; see also Hebbe v. Pliler, 627 F.3d 338, 341-42 (9th Cir. 2010) (although pro se…