Ricardo YEARWOOD, Plaintiff-Appellant, v. M.D. BITER, et al., Defendants-Appeliees, 536 F. App'x 746

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 shoulder 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. This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.