Hancock

Hancock v. Garcia

Good Law
271 F. App'x 566
United States Court of Appeals for the Ninth CircuitMarch 24, 2008No. 05-56782California305 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Joseph Gideon Hancock appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that prison officials were deliberately indifferent to his medical needs. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s dismissal for failure to state a claim pursuant to 28 U.S.C. § 1915 (e), Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order), and pursuant to 28 U.S.C. § 1915A, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000), and we affirm.

The district court did not err in dismissing Hancock’s Eighth Amendment claim because Hancock’s amended complaint did not allege more than a difference of opinion between the physician and the prisoner concerning the appropriate course of treatment. See Jackson v. McIntosh, 90 F.3d 330, 332 (9th Cir.1996) (holding that a difference in opinion over proper medical treatment does not establish deliberate indifference).

The district court did not err in dismissing Hancock’s due process claim regarding the administrative grievance procedure because Hancock’s amended complaint did not allege facts sufficient to show a constitutionally…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.