Steve Mahoney v. Kitsap County Jail

MEMORANDUM

Former Washington state prisoner Steve Alan Mahoney 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 a judgment on the pleadings under Fed.R.Civ.P. 12(c) and dismissal for failure to state a claim under Fed.R.Civ.P. 12(b)(6). Berg v. Popham, 412 F.3d 1122, 1125 (9th Cir.2005). We affirm.

The district court properly dismissed with prejudice the claims against defendant Johnson because Mahoney’s factual allegations and the attachments to the operative complaint show that Johnson did not act with deliberate indifference to Ma-honey’s medical needs. See Toguchi v. Chung, 391 F.3d 1051, 1057-58 (9th Cir. 2004) (a prison official acts with deliberate indifference only if he or she knows of and disregards an excessive risk to the prisoner’s health and safety; negligence and a mere difference in medical opinion are insufficient to establish deliberate indifference); Nat’l Ass’n. for the Advancement of Psychoanalysis v. Cal. Bd. of Psychology, 228 F.3d 1043, 1049 (9th Cir.2000) (explaining “we may consider facts…