Arthur Torlucci v. Vance Norum

MEMORANDUM

Arthur Torlucci, a California state prisoner, appeals pro se from the district court’s order dismissing his 42 U.S.C. § 1983 action alleging deliberate indifference to his medical needs and safety when defendants assigned him to a double cell and discontinued his anxiety medication. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Nelson v. City of Irvine, 143 F.3d 1196, 1200 (9th Cir.1998), and we affirm.

The district court properly dismissed Torlucci’s action because Torlucci failed to allege facts showing that defendants acted with conscious disregard to an excessive risk to his heath or safety. See Toguchi v. Chung, 391 F.Sd 1051, 1057 (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); see also Jackson v. McIntosh, 90 F.3d 330, 332 (9th Cir.1996) (a difference of opinion between the physician and the prisoner concerning the appropriate course of treatment does not amount to deliberate indifference to serious medical needs). Moreover, the district court properly dismissed Torlucci’s claims against defendants Evelsizor, Hendrick, Rushen,…