Alex Villa Valenzuela v. Gerardo Gregorio ( 2020 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS DEC 10 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ALEX J. VILLA VALENZUELA, No. 19-17367
Plaintiff-Appellant, D.C. No. 2:18-cv-00642-DWL
v.
MEMORANDUM*
GERARDO GREGORIO, Dr./Provider;
ALAIN McGLASHON, Physical Therapist,
Defendants-Appellees.
Appeal from the United States District Court
for the District of Arizona
Dominic Lanza, District Judge, Presiding
Submitted December 2, 2020**
Before: WALLACE, CLIFTON, and BRESS, Circuit Judges.
Arizona state prisoner Alex J. Villa Valenzuela appeals pro se from the
district court’s summary judgment in his 42 U.S.C. § 1983 action alleging
inadequate medical care while he was a pretrial detainee. We have jurisdiction
under 28 U.S.C. § 1291. We review de novo. Gordon v. County of Orange, 888
*
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).
F.3d 1118, 1122 (9th Cir. 2018). We affirm.
The district court properly granted summary judgment because Valenzuela
failed to raise a genuine dispute of material fact as to whether any defendant’s
conduct in the course of treating Valenzuela’s pain was objectively unreasonable.
See id. at 1124-25 (setting forth objective deliberate indifference standard for
Fourteenth Amendment inadequate medical care claims brought by pretrial
detainees).
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).
All pending requests are denied.
AFFIRMED.
2 19-17367