Elbert Lee VAUGHT, IV, Plaintiff-Appellant, v. G. UGWUEZE, M.D.; et al., Defendants-Appellees, 542 F. App'x 569

MEMORANDUM Elbert Lee Vaught, IV, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging deliberate indifference to his health and safety. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court’s dismissal under 28 U.S.C. §§ 1915A and 1915(e)(2). Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order). We affirm.

The district court properly dismissed Vaught’s action because Vaught failed to allege facts in his second amended complaint showing that defendants knew of and disregarded an excessive risk to Vaught’s health or safety. See Toguchi v. Chung, 391 F.3d 1051, 1057-58, 1060 (9th Cir.2004) (a prison official is deliberately indifferent only if he or she knows of and disregards an excessive risk to an inmate’s health or safety; neither a prisoner’s difference of opinion concerning the course of treatment nor mere negligence in diagnosing or treating a medical condition amounts to deliberate indifference). AFFIRMED.

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