Keith Wayne Sekerke v. JASON SILVA, Doctor

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
KEITH WAYNE SEKERKE,
Plaintiff - Appellant,
v.
JASON SILVA, Doctor,
Defendant - Appellee.
No. 10-57011
D.C. No. 3:09-cv-00360-JAH-
JMA
MEMORANDUM*
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
FILED
APR 26 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-57011 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.

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