Donald Smith v. Omoniyi Akintola ( 2023 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS FEB 24 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
DONALD JOSHUA SMITH, No. 22-16225
Plaintiff-Appellant, D.C. No. 2:21-cv-00420-TLN-EFB
v.
MEMORANDUM*
OMONIYI AKINTOLA,
Defendant-Appellee.
Appeal from the United States District Court
for the Eastern District of California
Troy L. Nunley, District Judge, Presiding
Submitted February 14, 2023**
Before: FERNANDEZ, FRIEDLAND, and H.A. THOMAS, Circuit Judges.
California state prisoner Donald Joshua Smith 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. Gordon v. County of Orange, 888 F.3d
*
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).
1118, 1122 (9th Cir. 2018). We affirm.
The district court properly granted summary judgment because Smith failed
to raise a genuine dispute of material fact as to whether defendant Akintola was
deliberately indifferent in treating Smith’s medical conditions. See Toguchi v.
Chung, 391 F.3d 1051, 1057-60 (9th Cir. 2004) (explaining that a prison official is
deliberately indifferent only if he or she knows of and disregards an excessive risk
to inmate health; medical malpractice, negligence, or a difference of opinion
concerning the course of treatment does not amount to deliberate indifference).
AFFIRMED.
2 22-16225