Jaime Zepeda v. M. O'Brien

MEMORANDUM

California state prisoner Jamie Ledesma Zepeda appeals pro se from the district court’s judgment dismissing his action alleging deliberate indifference to his serious medical needs. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal for failure to state a claim under 28 U.S.C. § 1915A, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000), and we affirm.

The district court properly dismissed Zepeda’s action because his third amended complaint failed to allege facts suggesting that defendants’ treatment of Zepeda’s stomach ailment constituted deliberate indifference. See Jackson v. McIntosh, 90 F.3d 330, 332 (9th Cir.1996) (“[A] plaintiff’s showing of nothing more than a difference of medical opinion as to the need to pursue one course of treatment over another was insufficient, as a matter of law, to establish deliberate indifference.” (internal quotations omitted)).

The district court did not abuse its discretion in denying Zepeda’s motion for reconsideration because Zepeda failed to show grounds warranting reconsideration. See Sch. Dist. No. 1J, Multnomah Cnty., Or. v. ACandS, Inc., 5 F.3d 1255, 1262 (9th Cir.1993) (setting…