Valenzuela

Valenzuela v. Smith

Good Law
249 F. App'x 528
United States Court of Appeals for the Ninth CircuitSeptember 27, 2007No. 06-15746California283 words

Opinion

Lead Opinion

MEMORANDUM **

Frank Valenzuela, Jr., a California state prisoner, appeals pro se from the district *529 court’s summary judgment for defendants in his 42 U.S.C. § 1983 action alleging that prison officials acted with deliberate indifference to his serious medical needs in violation of the Eighth Amendment. 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 Valenzuela did not raise a genuine issue of material fact as to whether defendants were deliberately indifferent in treating his surgically repaired [fractured] right thumb. See id. A difference in opinion between Valenzuela and the prison physicians about the preferred course of medical treatment does not constitute an Eighth Amendment violation. See id. at 1058 .

The district court did not abuse its discretion in denying Valenzuela’s discovery motions because the defendants’ responses to Valenzuela’s discovery requests were sufficient. See Kulas v. Flores, 255 F.3d 780, 783 (9th Cir.2001) (district court’s rulings concerning discovery are reviewed for an abuse of discretion). The…

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