FILED

NOT FOR PUBLICATION

OCT 27 2021

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

WARREN CLEVELAND GREEN, No. 20-16007

Plaintiff-Appellant, D.C. No. 2:14-cv-02854-TLN-AC v.

O. AKINTOLA; et al., MEMORANDUM*

Defendants-Appellees,

and

CALIFORNIA DEPARTMENT OF

CORRECTIONS AND

REHABILITATION; et al.,

Defendants.

Appeal from the United States District Court for the Eastern District of California Troy L. Nunley, District Judge, Presiding

Submitted October 25, 2021**

Before: FERNANDEZ, SILVERMAN, and NGUYEN, Circuit Judges

* 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). Warren Green appeals the district court’s grant of summary judgment in

favor of the defendants in his prisoner civil rights action alleging deliberate

indifference to a serious medical need. We have jurisdiction pursuant to 28 U.S.C.

§ 1291. We review de novo, Jett v. Penner, 439 F.3d 1091, 1096 (9th Cir. 2006),

and affirm.

Summary judgment was proper for the defendants. At most, Green

established a difference of opinion between himself and the medical professionals

regarding diagnosis and treatment of his serious medical need. Such a difference

of opinion does not rise to the level of deliberate indifference. Toguchi v. Chung,

391 F.3d 1051, 1058 (9th Cir. 2004); Sanchez v. Vild, 891 F.2d 240, 242 (9th Cir.

1989).

We decline to consider arguments not properly raised in the district court.

Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir. 1999).

AFFIRMED.

2