NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUL 3 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
GUSTAVO ADRIAN PRIEGO, No. 16-15722
Plaintiff-Appellant, D.C. No. 3:14-cv-02366-JD
v.
MEMORANDUM*
SULLIVAN; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the Northern District of California
James Donato, District Judge, Presiding
Submitted June 26, 2017**
Before: PAEZ, BEA, and MURGUIA, Circuit Judges.
California state prisoner Gustavo Adrian Priego 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
*
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).
Cir. 2004). We affirm.
The district court properly granted summary judgment because Priego failed
to raise a genuine dispute of material fact as to whether defendants were
deliberately indifferent to his wrist injury. See id. at 1057-60 (a prison official is
deliberately indifferent only if he or she knows of and disregards an excessive risk
to inmate health; medical malpractice, negligence, or a difference of opinion
concerning the course of treatment does not amount to deliberate indifference).
The district court did not abuse its discretion by denying Priego’s motion for
appointment of counsel because Priego failed to demonstrate exceptional
circumstances. See Cano v. Taylor, 739 F.3d 1214, 1218 (9th Cir. 2014) (setting
forth standard of review and requirements for appointment of counsel).
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).
Priego’s request for judicial notice (Docket Entry No. 31) is denied.
AFFIRMED.
2 16-15722