GERRY JOHNS V. J. ZAMORA, No. 17-55623 (9th Cir. 2017)
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FILED NOT FOR PUBLICATION NOV 1 2017 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT GERRY JOHNS, U.S. COURT OF APPEALS No. 17-55623 Plaintiff-Appellant, D.C. No. 3:14-cv-02995-MMAKSC v. J. ZAMORA, Registered Nurse, MEMORANDUM* Defendant-Appellee. Appeal from the United States District Court for the Southern District of California Michael M. Anello, District Judge, Presiding Submitted October 23, 2017** Before: LEAVY, WATFORD, and FRIEDLAND, Circuit Judges. Gerry Johns, a California state prisoner, 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 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). 2004). We affirm. The district court properly granted summary judgment because Johns failed to raise a genuine dispute of material fact as to whether defendant Zamora was deliberately indifferent in treating Johns’ forearm injury. See id. at 1057-60 (a prison official acts with deliberate indifference only if he or she knows of and disregards an excessive risk to the prisoner’s health; negligence and a mere difference in medical opinion are insufficient to establish deliberate indifference); Hallett v. Morgan, 296 F.3d 732, 746 (9th Cir. 2002) (prisoner alleging deliberate indifference based on delay in treatment must show that delay led to further injury). AFFIRMED. 2 17-55623
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