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Marshall v. Ash

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Apr 16, 2018
No. 17-16804 (9th Cir. Apr. 16, 2018)

Opinion

No. 17-16804

04-16-2018

RONALD MARSHALL, Plaintiff-Appellant, v. ANN ASH, MD; et al., Defendants-Appellees.


NOT FOR PUBLICATION

D.C. No. 4:15-cv-00141-JAS MEMORANDUM Appeal from the United States District Court for the District of Arizona
James Alan Soto, District Judge, Presiding Before: SILVERMAN, PAEZ, and OWENS, Circuit Judges.

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

Federal prisoner Ronald Marshall appeals pro se from the district court's summary judgment in his action brought under Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971), alleging deliberate indifference to his serious medical needs. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Moore v. Glickman, 113 F.3d 988, 989 (9th Cir. 1997). We affirm.

The district court properly granted summary judgment because Marshall failed to raise a genuine dispute of material fact as to whether defendant Ash was deliberately indifferent in treating Marshall's toe and foot. See Toguchi v. Chung, 391 F.3d 1051, 1057-60 (deliberate indifference is a high legal standard; medical malpractice, negligence, or a difference in medical opinion concerning the course of treatment does not amount to deliberate indifference).

We reject Marshall's contention as unsupported by the record that the district court made an improper credibility determination.

We do not consider matters not specifically and distinctly raised and argued in the opening brief, or arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.


Summaries of

Marshall v. Ash

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Apr 16, 2018
No. 17-16804 (9th Cir. Apr. 16, 2018)
Case details for

Marshall v. Ash

Case Details

Full title:RONALD MARSHALL, Plaintiff-Appellant, v. ANN ASH, MD; et al.…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Apr 16, 2018

Citations

No. 17-16804 (9th Cir. Apr. 16, 2018)