Richard Terflinger v. Michael Sayre , 470 F. App'x 678 ( 2012 )

FILED
NOT FOR PUBLICATION MAR 05 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
RICHARD TERFLINGER, No. 11-15058
Plaintiff - Appellant, D.C. No. 3:09-cv-03014-CRB
v.
MEMORANDUM *
MICHAEL C. SAYRE, M.D.; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Northern District of California
Charles R. Breyer, District Judge, Presiding
Submitted February 21, 2012 **
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Richard Terflinger, 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 his serious medical needs. We have jurisdiction under 28
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
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 Terflinger
failed to raise a genuine dispute of material fact as to whether defendants treatment
of his degenerative joint disease in his left knee constituted deliberate indifference.
See id. at 1058 (prison officials act with deliberate indifference only if they know
of and disregard an excessive risk to inmate health, and a difference of opinion
concerning the appropriate course of treatment does not amount to deliberate
indifference).
Terflinger’s remaining contentions are unpersuasive.
AFFIRMED.
2 11-15058