536 F. App'x 746

Ricardo YEARWOOD, Plaintiff-Appellant, v. M.D. BITER, et al., Defendants-Appeliees.

No. 12-15504.

United States Court of Appeals, Ninth Circuit.

Submitted July 24, 2013.*

Filed Aug. 5, 2013.

Ricardo Yearwood, Delano, CA, pro se.

Before: ALARCÓN, CLIFTON, and CALLAHAN, Circuit Judges.

MEMORANDUM ***

Ricardo Yearwood, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that defendants were deliberately indifferent to his serious medical needs. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under 28 U.S.C. § 1915A, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000), and we affirm.

The district court properly dismissed Yearwood’s action because Yearwood did not allege facts showing that defendants were deliberately indifferent to his shoul*747der injury. See Toguchi v. Chung, 391 F.3d 1051, 1057-58 (9th Cir.2004) (a prison official acts with deliberate indifference only if he knows of and disregards an excessive risk to the prisoner’s health and safety and an inmate’s difference of opinion in the course of treatment is insufficient); see also Starr v. Baca, 652 F.3d 1202, 1207 (9th Cir.2011) (setting forth the elements for supervisory liability under § 1983).

AFFIRMED.

Yearwood v. Biter
536 F. App'x 746

Case Details

Name
Yearwood v. Biter
Decision Date
Aug 5, 2013
Citations

536 F. App'x 746

Jurisdiction
United States

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