Mario Martinez Arias v. A. JOHAL, Medical Doctor at North Kern State Prison;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARIO MARTINEZ ARIAS,
Plaintiff-Appellant,
v.
A. JOHAL, Medical Doctor at North Kern
State Prison; et al.,
Defendants-Appellees.
No. 18-17101
D.C. No. 1:14-cv-00764-LJO-BAM
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Lawrence J. O’Neill, District Judge, Presiding
Submitted May 21, 2019**
Before: THOMAS, Chief Judge, and FRIEDLAND and BENNETT, Circuit
Judges.
Mario Martinez Arias, a California state prisoner, appeals pro se from the
district court’s summary judgment in his 42 U.S.C. § 1983 action alleging
deliberate indifference to a serious medical need. We have jurisdiction under 28
* 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
MAY 30 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 18-17101
U.S.C. § 1291. We review de novo. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th
Cir. 2004). We affirm.
The district court properly granted summary judgment because Arias failed
to raise a genuine dispute of material fact as to whether defendant Johal was
deliberately indifferent to Arias’s need for post-operative treatment of his right
foot. See id. at 1057-60 (difference of opinion concerning course of treatment,
medical malpractice, or negligence in diagnosing or treating a medical condition
does not amount to deliberate indifference).
We reject as meritless Arias’s contention that the district court erred by not
considering his statements as qualified medical opinions.
AFFIRMED.

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