KEITH SEKERKE V. JASON SILVA, No. 10-57011 (9th Cir. 2012)
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FILED APR 26 2012 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT KEITH WAYNE SEKERKE, Plaintiff - Appellant, No. 10-57011 D.C. No. 3:09-cv-00360-JAHJMA v. MEMORANDUM * JASON SILVA, Doctor, Defendant - Appellee. Appeal from the United States District Court for the Southern District of California John A. Houston, District Judge, Presiding Submitted April 17, 2012 ** Before: LEAVY, PAEZ, and BEA, Circuit Judges. Keith Wayne Sekerke, 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 Sekerke s evidence, including his verified complaint, failed to raise a genuine dispute as to whether defendant Silva acted with deliberate indifference in treating his infection and headaches. See id. at 1057-58, 1060 (a difference of opinion about the preferred course of medical treatment does not constitute an Eighth Amendment violation and a showing of medical malpractice or negligence is insufficient to establish a constitutional deprivation ). Sekerke s remaining contentions are unpersuasive. AFFIRMED. 2 10-57011
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