Gustavo McKenzie v. Paul Jorizzo ( 2016 )

FILED
NOT FOR PUBLICATION AUG 25 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
GUSTAVO McKENZIE, No. 15-35083
Plaintiff-Appellant, D.C. No. 1:13-cv-01302-AA
v.
MEMORANDUM*
PAUL JORIZZO; MEDICAL EYE
CENTER - MEDFORD,
Defendants-Appellees.
Appeal from the United States District Court
for the District of Oregon
Ann L. Aiken, District Judge, Presiding
Submitted August 16, 2016**
Before: O’SCANNLAIN, LEAVY, and CLIFTON, Circuit Judges.
Gustavo McKenzie, a California state prisoner, 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
*
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).
U.S.C. § 1291. We review de novo, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th
Cir. 2004), and we affirm.
The district court properly granted summary judgment because McKenzie
failed to raise a genuine dispute of material fact as to whether defendants were
deliberately indifferent to his primary open-angle glaucoma. See id. at 1058-60(deliberate indifference is a high legal standard; medical malpractice, negligence,
or a difference of opinion concerning the course of treatment does not amount to
deliberate indifference).
We reject as without merit McKenzie’s contentions that venue was improper
and that the district court judge was biased.
We do not consider documents or facts that were not presented to the district
court. See United States v. Elias, 921 F.2d 870, 874 (9th Cir. 1990) (“Documents
or facts not presented to the district court are not part of the record on appeal.”).
Defendants’ requests to strike McKenzie’s opening brief and to dismiss the
appeal, set forth in the answering brief, are denied.
McKenzie’s request for judicial notice, filed on July 2, 2015, is denied.
AFFIRMED.
2 15-35083