NOT FOR PUBLICATION FILED

NOV 2 2020

UNITED STATES COURT OF APPEALS

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

DARYL D. HENDERSON, No. 19-56202

Plaintiff-Appellant, D.C. No. 2:17-cv-06314-MWF-

FFM

v.

L. SPRAGUE, M.D., Chief Physician in MEMORANDUM*

individual capacity,

Defendant-Appellee.

Appeal from the United States District Court for the Central District of California Michael W. Fitzgerald, District Judge, Presiding

Submitted October 26, 2020**

Before: McKEOWN, RAWLINSON, and FRIEDLAND, Circuit Judges.

California state prisoner Daryl D. Henderson appeals pro se from the district

court’s judgment dismissing 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. Hebbe v. Pliler, 627 F.3d 338, 341 (9th Cir. 2010).

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). We affirm.

The district court properly dismissed Henderson’s action because Henderson

failed to allege facts sufficient to show that Dr. Sprague was deliberately

indifferent to Henderson’s chronic nasal congestion and pain. See Toguchi v.

Chung, 391 F.3d 1051, 1057-60 (9th Cir. 2004) (holding that deliberate

indifference is a high legal standard and a prison official is deliberately indifferent

only if he or she knows of and disregards an excessive risk to inmate health; a

difference of opinion concerning the course of treatment does not amount to

deliberate indifference); Sprewell v. Golden State Warriors, 266 F.3d 979, 988 (9th

Cir. 2001) (district court need not accept as true allegations that contradict matters

properly subject to judicial notice or by exhibit).

We reject as unsupported by the record Henderson’s contentions that

defendant prepared and offered false evidence in these proceedings.

AFFIRMED.

2 19-56202