Freddy Moreno TORRES, Plaintiff-Appellant, v. Michael C. SAYRE, M.D., "CMO", sued in their official and individual capacity; et al., Defendants-Appellees, 684 F. App'x 634

MEMORANDUM Freddy Moreno Torres, a California state prisoner, appeals pro se from the district court’s

summary judgment in his 42 U.S.C. § 1988 action alleging deliberate indifference to his serious medical needs. 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 because Torres failed to raise a genuine dispute of material fact as to whether defendants were deliberately indifferent in treating his chronic pain and the 2013 injury to his left arm. See-id. at 1057-60 (a prison official acts with deliberate indifference only if he or she knows of and disregards an excessive risk to the prisoner’s health; negligence and a mere difference in medical opinion are insufficient to establish deliberate indifference); see also Estelle v.

Gamble, 429 U.S. 97, 107, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976) (“A medical decision not to order an X-ray, or like measures, does not represent cruel and unusual punishment.”). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.