
    Freddy Moreno TORRES, Plaintiff-Appellant, v. Michael C. SAYRE, M.D., “CMO”, sued in their official and individual capacity; et al., Defendants-Appellees.
    No. 16-15760
    United States Court of Appeals, Ninth Circuit.
    Submitted March 8, 2017 
    
    Filed March 21, 2017
    Freddy Moreno Torres, Pro Se
    Rohit Kodical, AGCA—Office of the Attorney General, Oakland, CA, for Defendants-Appellees
    Before: LEAVY, W. FLETCHER, and OWENS, Circuit Judges.
    
      
       The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
    
   MEMORANDUM

Freddy Moreno Torres, a California state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1988 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. 2004), and we affirm.

The district court properly granted summary judgment because Torres failed to raise a genuine dispute of material fact as to whether defendants were deliberately indifferent in treating his chronic pain and the 2013 injury to his left arm. 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 to establish deliberate indifference); see also Estelle v. Gamble, 429 U.S. 97, 107, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976) (“A medical decision not to order an X-ray, or like measures, does not represent cruel and unusual punishment.”).

AFFIRMED. 
      
       This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
     