Whether a prison official's medical treatment of an inmate's foot condition constitutes deliberate indifference to serious medical needs under the Eighth Amendment

No question identified. : another inmate who is able to help him to file the petition for this Court's analysis, but this inmate has not finished reading the record yet to learn about the facts to be developed in the next petition. For this reason petitioner respectfully request this Court to grant him a 60-days extension of time to and including Monday May 20, 2024 in which to file a petition for writ of certiorari in this Court. Dated: March 5, 2024 Respectfully submitted by, He Jose Luis Garcia (ID No. F44226) Petitioner In Pro-Per 9 10 ll 12 13 | 14 15 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE BY PERSON IN STATE CUSTODY (CCP §§ LOTT, 1013 (A), 2015.5: F.R.CP.S5; 28 U.S.C. § £740) 1, Jose Luis Garcia , declare: am over 18 years of age, and am a party to this action. I am a resident of the Correctional Training Facility Prison tn the County of Monterey, State of California. My prison Address is: CDCR #: F-44226 Correctional Training Facility P.O. Box 705, 1A Cell #: 3121 Soledad, Ca. 93960-0705 On__ March 5, 2024 , [served the Attached: Application for an extension of time to file a petition for writ of Certiorari, Jose Luis Garcia v. K. Park On the parties herein by placing true, and correct copies thereof, enclosed in a sealed envelope, with postage thereon fully paid, verified _by, and given to prison staff *, for deposit in the United States Mail provided at the above-named Correctional Institution in which I am presently confined. The envelope was addressed as follows: 1. Clerk of the United States Supreme Court i First Street NE, Washington, DC 20543 2. Office of the Attorney General of California 455 Golden Gate Avenue, Suite 11000, San Francisco, CA 94102-7004 I declare under penalty of perjury under the laws of the United States of America that the foregoing is true, and correct. Executed on: March 5, 2024 Co (Declarant’s Signature) * Please, note that according to the prison muil box rute, the document(s) mentioned herein is considered filed the day it is handed over to prison authoritics for mailing to the court. Sce Huizar v, Carey (9"" Cir, 200!) 273 F. 3d 1220, 1221; Moore v. Twomey (2004) 120 Cal. App. 4" 910, 913-918. Houston v. Lack 487 U.S. 266 (1988, U.S.} ATTACHMENT A NOT FOR PUBLICATION F | L E: D UNITED STATES COURT OF APPEALS DEC 15 2023 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT U.S. COURT OF APPEALS JOSE LUIS GARCIA, No. 22-16840 D.C. No. 3:21-cv-09048-JD V. MEMORANDUM’ KYEONG PARK, Defendant-Appellee. Appeal from the United States District Court for the Northern District of California James Donato, District Judge, Presiding Submitted December 12, 2023** Before: WALLACE, LEE, and BUMATAY, Circuit Judges California state prisoner Jose Luis Garcia 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). 2004). We affirm. The district court properly granted summary judgment because Garcia failed to raise a genuine dispute of material fact as to whether defendant was deliberately indifferent in treating Garcia’s foot issues. See id. at 1057-60 (prison officials act with deliberate indifference only if they know of and disregard a risk to the prisoner’s health; medical malpractice, negligence, or difference of opinion concerning the course of treatment does not amount to deliberate indifference). AFFIRMED. 2 22-16840