FILED
NOT FOR PUBLICATION MAY 27 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
CARLOS JAIMEZ REYES, No. 14-16094
Plaintiff - Appellant, D.C. No. 3:12-cv-00704-JST
v.
MEMORANDUM*
G. ELLIS; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Northern District of California
Jon S. Tigar, District Judge, Presiding
Submitted May 13, 2015**
Before: LEAVY, CALLAHAN, and M. SMITH, Circuit Judges.
Carlos Jaimez Reyes, 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
*
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).
U.S.C. § 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 for defendants
because Reyes failed to raise a genuine dispute of material fact as to whether
defendants acted with deliberate indifference to Reyes’s chronic wrist pain. 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 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.”).
AFFIRMED.
2 14-16094