Miguel Torres v. Ismail Patel ( 2022 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAY 26 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MIGUEL TORRES, No. 21-15412
Plaintiff-Appellant, D.C. No. 1:18-cv-00188-NONE-
SAB
v.
ISMAIL PATEL, Dr. at KVSP; W. ULIT, MEMORANDUM*
Dr. at KVSP; MARTA SPAETH, CP&S;
MANASRAH, R.N.; B. JOHN; UPPAL; S.
SERDA; SPECIAL APPEARANCE,
Defendants-Appellees.
Appeal from the United States District Court
for the Eastern District of California
Dale A. Drozd, District Judge, Presiding
Submitted May 17, 2022**
Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges.
California state prisoner Miguel Torres 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.
*
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).
§ 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 because Torres failed
to raise a genuine dispute of material fact as to whether defendant Patel was
deliberately indifferent to his hypertension. See id. at 1057-60 (explaining that a
prison official is deliberately indifferent only if he or she knows of and disregards
an excessive risk to inmate 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, 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.
2 21-15412