*1 Before: GOODWIN, FARRIS, and FERNANDEZ, Circuit Judges.
California state prisoner Darrell Williams appeals pro se from the district court’s sua sponte 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 *2 Cir. 2004). We affirm.
The district court properly granted summary judgment sua sponte because Williams “had a full and fair opportunity to ventilate the issues involved in the matter” and Williams failed to raise a genuine dispute of material fact as to whether defendant was deliberately indifferent to his diabetes. Norse v. City of Santa Cruz , 629 F.3d 966, 971-72 & n.2 (9th Cir. 2010) (en banc); see also Jett v. Penner , 439 F.3d 1091, 1096 (9th Cir. 2006) (if the harm is an isolated exception to the prisoner’s overall treatment, it “‘ordinarily militates against a finding of deliberate indifference’” (citation omitted)); Toguchi , 391 F.3d at 1057, 1060 (a prison official is deliberately indifferent only if he or she knows of and disregards an excessive risk to an inmate’s health; medical malpractice or negligence does not amount to deliberate indifference).
AFFIRMED.
2 15-16661
[*] 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).