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Percelle v. Rosenthal

United States Court of Appeals, Ninth Circuit
Nov 22, 2010
406 F. App'x 108 (9th Cir. 2010)

Opinion

No. 09-17170.

Submitted November 16, 2010.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed November 22, 2010.

Steve D. Percelle, Soledad, CA, pro se.

Kay K. Yu, Esquire, Deputy Attorney General, AGCA — Office of the California Attorney General, San Francisco, CA, for Defendants-Appellees.

Appeal from the United States District Court for the Northern District of California, William H. Alsup, District Judge, Presiding. D.C. No. 3:05-cv-01998-WHA.

Before: TASHIMA, BERZON, and CLIFTON, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

California state prisoner Steven D. Percelle 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 pursuant to 28 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 Percelle did not raise a genuine issue of material fact as to whether the defendants knew of and disregarded an excessive risk to him while treating his neurological condition. See id. at 1057-58 (a prison official acts with deliberate indifference only if he knows of and disregards an excessive risk to an inmate's health and safety, and a difference of opinion about the best course of medical treatment does not amount to deliberate indifference).

Percelle's remaining contentions are unpersuasive.

AFFIRMED.


Summaries of

Percelle v. Rosenthal

United States Court of Appeals, Ninth Circuit
Nov 22, 2010
406 F. App'x 108 (9th Cir. 2010)
Case details for

Percelle v. Rosenthal

Case Details

Full title:Steven D. PERCELLE, Plaintiff-Appellant, v. Alan ROSENTHAL, Dr.; et al.…

Court:United States Court of Appeals, Ninth Circuit

Date published: Nov 22, 2010

Citations

406 F. App'x 108 (9th Cir. 2010)