Steve Percelle v. Alan Rosenthal, et al, No. 09-17170 (9th Cir. 2010)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS NOV 22 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT STEVEN D. PERCELLE, Plaintiff - Appellant, No. 09-17170 D.C. No. 3:05-cv-01998-WHA v. MEMORANDUM * ALAN ROSENTHAL, DR.; et al., Defendants - Appellees. Appeal from the United States District Court for the Northern District of California William H. Alsup, District Judge, Presiding Submitted November 16, 2010 ** Before: TASHIMA, BERZON, and CLIFTON, Circuit Judges. 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 * 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). 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. 2 09-17170
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