Opinion
No. 18-17153
07-24-2019
KEVIN L. WEBB, Plaintiff-Appellant, v. CALIFORNIA CORRECTIONAL HEALTH CARE SERVICES; D. BRIGHT, Dr., Defendants-Appellees.
NOT FOR PUBLICATION
D.C. No. 3:17-cv-03066-CRB MEMORANDUM Appeal from the United States District Court for the Northern District of California
Charles R. Breyer, District Judge, Presiding Before: SCHROEDER, SILVERMAN, and CLIFTON, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
California state prisoner Kevin L. Webb 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. 2004). We affirm.
The district court properly granted summary judgment for defendant Bright because Webb failed to raise a genuine dispute of material fact as to whether Bright was deliberately indifferent to Webb's hip injury. See id. at 1057-60 (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, negligence, or a difference of opinion concerning the course of treatment does not amount to deliberate indifference).
We do not consider matters not specifically and distinctly raised and argued in the opening brief. Se e Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
AFFIRMED.