Eric Sion GREGORY, Plaintiff-Appellant, v. Ann BOLLAY, Dr., individual; et al., Defendants-Appellees, 604 F. App'x 574

MEMORANDUM Eric Sion Gregory, a California state prisoner, appeals pro se from the district court’s

summary judgment in his 42 U.S.C. § 1983 action alleging violations of state and federal law in connection with his medical treatment. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004), and we affirm. The district court properly granted

summary judgment on Gregory’s Eighth Amendment deliberate indifference claim because Gregory failed to raise a genuine dispute of material fact as to whether Bol-lay knew of or disregarded an excessive risk of serious harm to Gregory’s health. See Toguchi, 391 F.3d at 1057-58 (a prison official acts with deliberate indifference only if the official knows of and disregards an excessive risk to inmate health; neither a prisoner’s difference of opinion concerning the course of treatment nor mere negligence in treating a medical condition amounts to deliberate indifference). AFFIRMED.

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