Daryl Henderson v. L. Sprague

NOT FOR PUBLICATION FILED
NOV 2 2020
UNITED STATES COURT OF APPEALS
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
DARYL D. HENDERSON, No. 19-56202
Plaintiff-Appellant, D.C. No. 2:17-cv-06314-MWF-
FFM
v.
L. SPRAGUE, M.D., Chief Physician in MEMORANDUM*
individual capacity,
Defendant-Appellee.
Appeal from the United States District Court
for the Central District of California
Michael W. Fitzgerald, District Judge, Presiding
Submitted October 26, 2020**
Before: McKEOWN, RAWLINSON, and FRIEDLAND, Circuit Judges.
California state prisoner Daryl D. Henderson 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. Hebbe v. Pliler, 627 F.3d 338, 341 (9th Cir. 2010).
*
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).
We affirm.
The district court properly dismissed Henderson’s action because Henderson
failed to allege facts sufficient to show that Dr. Sprague was deliberately
indifferent to Henderson’s chronic nasal congestion and pain. See Toguchi v.
Chung, 391 F.3d 1051, 1057-60 (9th Cir. 2004) (holding that deliberate
indifference is a high legal standard and a prison official is deliberately indifferent
only if he or she knows of and disregards an excessive risk to inmate health; a
difference of opinion concerning the course of treatment does not amount to
deliberate indifference); Sprewell v. Golden State Warriors, 266 F.3d 979, 988 (9th
Cir. 2001) (district court need not accept as true allegations that contradict matters
properly subject to judicial notice or by exhibit).
We reject as unsupported by the record Henderson’s contentions that
defendant prepared and offered false evidence in these proceedings.
AFFIRMED.
2 19-56202