
    Patrick KUNKEL, Plaintiff-Appellant, v. Sherry LOPEZ, CMO Kern Valley State Prison; et al., Defendants-Appellees.
    No. 14-15363.
    United States Court of Appeals, Ninth Circuit.
    Submitted Dec. 9, 2014.
    
    Filed Dec. 18, 2014.
    Patrick Kunkel, Soledad, CA, pro se.
    Before: WALLACE, LEAVY, and BYBEE, Circuit Judges.
    
      
       The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Patrick Kunkel, a California state prisoner, appeals pro se from the district court’s judgment dismissing 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. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000) (dismissal under 28 U.S.C. § 1915A); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order) (dismissal under 28 U.S.C. § 1915(e)(2)). We affirm.

The district court properly dismissed Kunkel’s action because Kunkel failed to allege facts showing that defendants were deliberately indifferent to Kunkel’s ankle infections. See Toguchi v. Chung, 391 F.3d 1051, 1057-60 (9th Cir.2004) (a prison official is deliberately indifferent only if he or she knows of and disregards an excessive risk to inmate health; neither a mere difference of opinion concerning the course of treatment nor negligence in diagnosing or treating a medical condition amounts to deliberate indifference); see also Starr v. Baca, 652 F.3d 1202, 1207-08 (9th Cir.2011) (requirements for establishing supervisory liability); Cousins v. Lockyer, 568 F.3d 1063, 1070 (9th Cir.2009) (failure to follow internal prison policies does not rise to the level of a constitutional violation).

AFFIRMED. 
      
       xhis disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
     