Cheek

MEMORANDUM **

Michael Prizm Cheek appeals pro se the district court’s grant of summary judgment and dismissal with prejudice of his complaint against officials at the Atascadero State Hospital, where he is confined pursuant to California’s Sexually Violent Predator Statute, Welfare and Institution Code §§ 6600-6609. We review the grant of summary judgment de novo. See Buono v. Norton, 371 F.3d 543, 545 (9th Cir.2004). We affirm.

Cheek’s Eighth Amendment claim alleging inadequate medical care fails as a matter of law. See Hydrick v. Hunter, 466 F.3d 676, 695-96 (9th Cir.2006). To the extent it is a due process claim, Cheek raises no genuine issue of material fact as to whether the medical decisions made and treatment of his nasal problem were a departure from acceptable medical judgment. Youngberg v. Romeo, 457 U.S. 307, 321 , 102 S.Ct. 2452, 2461 , 73 L.Ed.2d 28 (1982). Therefore, summary judgment in the hospital officials’ favor was appropriate. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48 , 106 S.Ct. 2505, 2510 , 91 L.Ed.2d 202 (1986).

Cheek’s claim that hospital officials’ failure to treat his nasal problems in the same way as another inmate violated the Equal…