Javier Murrieta v. JANE McDUFFEE, Registered Nurse;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JAVIER MURRIETA,
Plaintiff-Appellant,
v.
JANE McDUFFEE, Registered Nurse; et al.,
Defendants-Appellees.
No. 20-16771
D.C. No. 4:19-cv-00423-JAS-PSOT
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
James Alan Soto, District Judge, Presiding
Submitted June 21, 2021**
Before: SILVERMAN, WATFORD, and BENNETT, Circuit Judges.
Arizona state prisoner Javier Murrieta appeals pro se from the district court’s
judgment dismissing his 42 U.S.C. § 1983 action alleging deliberate indifference to
his serious medical needs. We have jurisdiction under 28 U.S.C. § 1291. We
review de novo the district court’s dismissal under 28 U.S.C. § 1915A. Resnick v.
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
JUN 29 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 20-16771
Hayes, 213 F.3d 443, 447 (9th Cir. 2000). We affirm.
The district court properly dismissed Murrieta’s action because Murrieta
failed to allege facts sufficient to show that defendants disregarded an excessive
risk to Murrieta’s abdominal pain and other gastrointestinal issues. See Toguchi v.
Chung, 391 F.3d 1051, 1056-60 (9th Cir. 2004) (a prison official is deliberately
indifferent only if he or she knows of and disregards an excessive risk to inmate
health; medical malpractice, negligence, or a difference of opinion concerning the
course of treatment does not amount to deliberate indifference).
AFFIRMED.

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