Eric Sion Gregory v. ANN BOLLAY, Dr., individual;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ERIC SION GREGORY,
Plaintiff - Appellant,
v.
ANN BOLLAY, Dr., individual; et al.,
Defendants - Appellees.
No. 14-55599
D.C. No. 2:12-cv-07805-SVW-
MRW
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Stephen V. Wilson, District Judge, Presiding
Submitted May 13, 2015**
Before: LEAVY, CALLAHAN, and M. SMITH, Circuit Judges.
Eric Sion Gregory, a California state prisoner, appeals pro se from the
district court’s summary judgment in his 42 U.S.C. § 1983 action alleging
violations of state and federal law in connection with his medical treatment. We
have jurisdiction under 28 U.S.C. § 1291. We review de novo, Toguchi v. Chung,
FILED
MAY 19 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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391 F.3d 1051, 1056 (9th Cir. 2004), and we affirm.
The district court properly granted summary judgment on Gregory’s Eighth
Amendment deliberate indifference claim because Gregory failed to raise a
genuine dispute of material fact as to whether Bollay knew of or disregarded an
excessive risk of serious harm to Gregory’s health. See Toguchi, 391 F.3d at 1057-
58 (a prison official acts with deliberate indifference only if the official knows of
and disregards an excessive risk to inmate health; neither a prisoner’s difference of
opinion concerning the course of treatment nor mere negligence in treating a
medical condition amounts to deliberate indifference).
AFFIRMED.
14-55599 2

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