NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS NOV 1 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
GERRY JOHNS, No. 17-55623
Plaintiff-Appellant, D.C. No. 3:14-cv-02995-MMA-
KSC
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