Rodolfo Anderson v. Talisman, No. 09-16911 (9th Cir. 2010)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS OCT 05 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT RODOLFO C. ANDERSON, Plaintiff - Appellant, No. 09-16911 D.C. No. 1:07-cv-00715-ALA v. MEMORANDUM * TALISMAN, DR., Defendant - Appellee. Appeal from the United States District Court for the Eastern District of California Arthur L. Alarcón, Circuit Judge, Presiding ** Submitted September 13, 2010 *** Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Arthur L. Alarcón, United States Circuit Judge for the Ninth Circuit, sitting by designation. *** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). California state prisoner Rodolfo C. Anderson appeals pro se from the district court s summary judgment in his 42 U.S.C. § 1983 action alleging that a prison medical official forced him to take antipsychotic medications against his will. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo. Frost v. Agnos, 152 F.3d 1124, 1128 (9th Cir. 1998). We affirm. The district court properly granted summary judgment because Anderson failed to raise a genuine issue of material fact as to whether the prison doctor violated his constitutional rights by involuntarily medicating him. See Washington v. Harper, 494 U.S. 210, 231-33 (1990); Kulas v. Valdez, 159 F.3d 453, 456 (9th Cir. 1998). We do not consider arguments raised for the first time on appeal. See Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir. 1999). Anderson s remaining contentions are unpersuasive. AFFIRMED. 2 09-16911
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