Jonathan Love v. Robert Mekemson, et al, No. 08-16506 (9th Cir. 2010)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS OCT 06 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT JONATHAN LOVE, No. 08-16506 Plaintiff - Appellant, D.C. No. 2:07-cv-01731-LKKCMK v. ROBERT MEKEMSON; et al., MEMORANDUM * Defendants - Appellees. Appeal from the United States District Court for the Eastern District of California Lawrence K. Karlton, District Judge, Presiding Submitted September 13, 2010 ** Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges. Jonathan Love, a California state prisoner, appeals pro se from the district court s judgment dismissing under 28 U.S.C. § 1915A his 42 U.S.C. § 1983 action alleging deliberate indifference to medical needs. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. * 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). 2000). We affirm. The district court properly dismissed Love s deliberate indifference claims because the allegations set forth in his amended complaint and the attachments thereto state, at most, a claim for negligence. See Toguchi v. Chung, 391 F.3d 1051, 1060 (9th Cir. 2004) ( A showing of medical malpractice or negligence is insufficient to establish a constitutional deprivation under the Eighth Amendment. ). Moreover, a difference in opinion between Love and the prison physicians about the preferred course of medical treatment does not constitute an Eighth Amendment violation. See id. at 1058. Love s remaining contentions are unpersuasive. AFFIRMED. 2 08-16506

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