Robert Lee Jenkins v. RON BARNES, Warden, High Desert State Prison;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ROBERT LEE JENKINS,
Plaintiff-Appellant,
v.
RON BARNES, Warden, High Desert State
Prison; et al.,
Defendants-Appellees.
No. 16-15674
D.C. No. 2:13-cv-00596-KJM-AC
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Kimberly J. Mueller, District Judge, Presiding
Submitted April 11, 2017**
Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges.
California state prisoner Robert Lee Jenkins 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.
* 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).
FILED
APR 24 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 2 --

2 16-15674
2004). We affirm.
The district court properly granted summary judgment because Jenkins
failed to raise a genuine dispute of material fact as to whether defendant Miranda
acted with deliberate indifference by changing Jenkins’s pain medication and
discontinuing Jenkins’s authorization for a cane and back brace. See id. at 1058-60
(deliberate indifference is a high legal standard; medical malpractice, negligence,
or a difference of opinion concerning the course of treatment does not amount to
deliberate indifference).
AFFIRMED.

-- 2 of 2 --