BOBBY LEE V. WAGNER, No. 13-16811 (9th Cir. 2014)

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FILED AUG 4 2014 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT BOBBY WINDELL LEE, No. 13-16811 Plaintiff - Appellant, D.C. No. 1:05-cv-00802-LJOBAM v. MEMORANDUM* WAGNER, Dr., Defendant - Appellee. Appeal from the United States District Court for the Eastern District of California Lawrence J. O Neill, District Judge, Presiding Submitted July 22, 2014** Before: GOODWIN, CANBY, and CALLAHAN, Circuit Judges. California state prisoner Bobby Windell Lee 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 U.S.C. § 1291. We review de novo. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 2004). We affirm. The district court properly granted summary judgment because Lee failed to raise a genuine dispute of material fact as to whether defendant Wagner was deliberately indifferent to Lee s need for anti-depressant medication. See Farmer v. Brennan, 511 U.S. 825, 834 (1994) (prison officials act with deliberate indifference only if they know of and disregard an excessive risk to inmate health). We do not consider matters not specifically and distinctly raised and argued in the opening brief, or arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009) (per curiam). AFFIRMED. 2 13-16811

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