Gilbert F. Colon v. PETERSON, Dr.;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
GILBERT F. COLON,
Plaintiff - Appellant,
v.
PETERSON, Dr.; et al.,
Defendants - Appellees.
No. 14-17376
D.C. No. 1:07-cv-00932-AWI-
GSA
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Anthony W. Ishii, District Judge, Presiding
Submitted March 15, 2016**
Before: GOODWIN, LEAVY, and CHRISTEN, Circuit Judges.
Gilbert F. Colon, 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 U.S.C.
§ 1291. We review de novo, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.
FILED
MAR 22 2016
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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2004), and we affirm.
The district court properly granted summary judgment because Colon failed
to raise a genuine dispute of material fact as to whether defendants were
deliberately indifferent in treating Colon’s back condition. See id. at 1057-60 (a
prison official acts with deliberate indifference only if he or she knows of and
disregards an excessive risk to the prisoner’s health; negligence and a mere
difference in medical opinion are insufficient).
AFFIRMED.
14-17376 2

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