Abel Reyes v. Patricia Rouch ( 2023 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 21 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ABEL P. REYES, No. 22-15232
Plaintiff-Appellant, D.C. No. 1:19-cv-01158-DAD-HBK
v.
MEMORANDUM*
PATRICIA ROUCH, Nurse Practitioner at
Corcoran State Prison; OLIVIA
BORBOLLA, Registered Nurse at Corcoran
State Prison; EDGAR CLARK, Medical
Doctor at Corcoran State Prison; G.
RODRIGUEZ, Registered Nurse at Corcoran
State Prison,
Defendants-Appellees.
Appeal from the United States District Court
for the Eastern District of California
Dale A. Drozd, District Judge, Presiding
Submitted March 14, 2023**
Before: SILVERMAN, SUNG, and SANCHEZ, Circuit Judges.
Abel P. Reyes appeals pro se from the district court’s judgment dismissing
*
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).
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 a district
court’s dismissal under 28 U.S.C. § 1915A. Wilhelm v. Rotman, 680 F.3d 1113,
1118 (9th Cir. 2012). We affirm.
The district court properly dismissed Reyes’s action because Reyes failed to
allege facts sufficient to show that defendants were deliberately indifferent to
Reyes’s pain, elevated blood pressure, and withdrawal symptoms. 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) (prison officials act with deliberate indifference only if they know of and
disregard a risk to the prisoner’s health; medical malpractice, negligence or
difference of opinion concerning the course of treatment does not amount to
deliberate indifference); Hallett v. Morgan, 296 F.3d 732, 746 (9th Cir. 2002) (a
prisoner alleging deliberate indifference based on delay in treatment must show
that the delay caused significant harm).
We do not consider arguments and allegations raised for the first time on
appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
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Reyes’s request for an order revoking defendants’ medical licenses and
certifications, set forth in the opening brief, is denied.
AFFIRMED.
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