Byron Franklin v. Randy Grounds
Opinion
Opinion
MEMORANDUM
California state prisoner Byron Franklin 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). We affirm.
The district court properly granted summary judgment because Franklin failed to raise a genuine dispute of material fact as to whether defendants were deliberately indifferent to his thumb injury. See id. at 1057-58 (a prison official is deliberately indifferent only if he or she knows of and disregards an excessive risk to an inmate’s health and safety; neither negligence in diagnosing or treating a medical need, nor a prisoner’s difference of opinion concerning the course of treatment, amounts to deliberate indifference).
The district court did not abuse its discretion in denying Franklin’s motions for appointment of counsel because Franklin failed to demonstrate exceptional circumstances. See Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir.2009) (setting forth standard of review and explaining the “exceptional circumstances” requirement).