FILED
NOT FOR PUBLICATION DEC 12 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
GLADGER ROSS, No. 13-56662
Plaintiff - Appellant, D.C. No. 5:10-cv-01606-SJO-JPR
v.
MEMORANDUM*
ANGEL ORTIZ; MATTHEW BROWN,
Defendants - Appellees.
Appeal from the United States District Court
for the Central District of California
S. James Otero, District Judge, Presiding
Submitted December 5, 2014**
Before: HAWKINS, McKEOWN, and FRIEDLAND, Circuit Judges.
Former federal prisoner Gladger Ross appeals pro se from the district court’s
summary judgment in his action arising under Bivens v. Six Unknown Named
Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), alleging deliberate
indifference to his serious medical needs. We have jurisdiction under 28 U.S.C. §
*
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).
1291. We review de novo, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.
2004), and we affirm.
The district court properly granted summary judgment because Ross failed
to raise a genuine dispute of material fact as to whether defendants were
deliberately indifferent to his wrist fracture. 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 a prisoner’s health; negligence and a mere difference in medical
opinion are insufficient); see also McGuckin v. Smith, 974 F.2d 1050, 1060 (9th
Cir. 1992), overruled on other grounds by WMX Techs., Inc. v. Miller, 104 F.3d
1133 (9th Cir. 1997) (en banc) (“A defendant must purposefully ignore or fail to
respond to a prisoner’s pain or possible medical need in order for deliberate
indifference to be established.”).
We do not consider the contentions in the reply brief concerning Dr. Redix’s
statements to Ross after his wrist surgery or any other contention that was not
presented to the district court. See United States. v. Elias, 921 F.2d 870, 874 (9th
Cir. 1990) (“Documents or facts not presented to the district court are not part of
the record on appeal.”).
AFFIRMED.
2 13-56662