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 2020-03

Timothy Wilkins v. Ben Griffin ( 2020 )


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  •                            NOT FOR PUBLICATION                           FILED
MAR 6 2020
UNITED STATES COURT OF APPEALS
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
TIMOTHY DEANORE WILKINS,                        No.    19-55595
Plaintiff-Appellant,            D.C. No. 2:19-cv-02048-VAP-E
v.
MEMORANDUM*
BEN GRIFFIN, Dr.,
Defendant-Appellee,
and
STATE OF CALIFORNIA; et al.,
Defendants.
Appeal from the United States District Court
for the Central District of California
Virginia A. Phillips, District Judge, Presiding
Submitted March 3, 2020**
Before:      MURGUIA, CHRISTEN, and BADE, Circuit Judges.
*
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).
California state prisoner Timothy Deanore Wilkins appeals pro se from the
district court’s judgment dismissing 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. Watison v. Carter,
    668 F.3d 1108
    , 1112 (9th Cir.
2012) (dismissal under
    28 U.S.C. § 1915
    (e)(2)(B)(ii)); Resnick v. Hayes,
    213 F.3d 443
    , 447 (9th Cir. 2000) (dismissal under 28 U.S.C. § 1915A). We affirm.
The district court properly dismissed Wilkins’s action because Wilkins
failed to allege facts sufficient to show that defendant Griffin knowingly
disregarded an excessive risk to Wilkins’s back condition. See Hebbe v. Pliler,
    627 F.3d 338
    , 341-42 (9th Cir. 2010) (although pro se pleadings are construed
liberally, plaintiff must present factual allegations sufficient to state a plausible
claim for relief); Toguchi v. Chung,
    391 F.3d 1051
    , 1057-60 (9th Cir. 2004) (a
prison official acts with deliberate indifference only if he or she knows of and
disregards an excessive risk to the prisoner’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. See Padgett v. Wright,
    587 F.3d 983
    , 985 n.2 (9th Cir. 2009).
AFFIRMED.
2                                     19-55595