Jose Luis Garcia v. Kyeong Park

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSE LUIS GARCIA,
Plaintiff-Appellant,
v.
KYEONG PARK,
Defendant-Appellee.
No. 22-16840
D.C. No. 3:21-cv-09048-JD
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
James Donato, District Judge, Presiding
Submitted December 12, 2023**
Before: WALLACE, LEE, and BUMATAY, Circuit Judges
California state prisoner Jose Luis Garcia appeals pro se from the district
court’s summary judgment in 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. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.
* 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
DEC 15 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 22-16840
2004). We affirm.
The district court properly granted summary judgment because Garcia failed
to raise a genuine dispute of material fact as to whether defendant was deliberately
indifferent in treating Garcia’s foot issues. See id. at 1057-60 (prison officials act
with deliberate indifference only if they know of and disregard a risk to the
prisoner’s health; medical malpractice, negligence, or difference of opinion
concerning the course of treatment does not amount to deliberate indifference).
AFFIRMED.

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