STEVEN JOYCE V. STEWART SHERMAN, No. 21-16032 (9th Cir. 2022)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED APR 20 2022 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT STEVEN LEON JOYCE, U.S. COURT OF APPEALS No. 21-16032 Plaintiff-Appellant, v. D.C. No. 1:20-cv-01324-DAD-SAB MEMORANDUM* STEWART SHERMAN; WINFRED M. KOKOR; POWELL, Defendants-Appellees. Appeal from the United States District Court for the Eastern District of California Dale A. Drozd, District Judge, Presiding Submitted April 11, 2022** Before: McKEOWN, CHRISTEN, and BRESS, Circuit Judges. California state prisoner Steven Leon Joyce 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. Wilhelm v. Rotman, 680 F.3d 1113, 1118 (9th Cir. * 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). 2012) (dismissal under 28 U.S.C. § 1915A); Watison v. Carter, 668 F.3d 1108, 1112 (9th Cir. 2012) (dismissal under 28 U.S.C. § 1915(e)(2)(B)). We affirm. The district court properly dismissed Joyce’s action because Joyce failed to allege facts sufficient to state a plausible claim of deliberate indifference in diagnosing and treating his Valley Fever. See Hebbe v. Pliler, 627 F.3d 338, 34142 (9th Cir. 2010) (although pro se pleadings are construed liberally, a plaintiff must allege facts sufficient to state a plausible claim); Toguchi v. Chung, 391 F.3d 1051, 1057-60 (9th Cir. 2004) (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); Hallett v. Morgan, 296 F.3d 732, 745-46 (9th Cir. 2002) (to establish a claim of deliberate indifference arising from delay in providing care, a plaintiff must show that the delay was harmful). AFFIRMED. 2 21-16032

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