NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 19 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
RICHARD ANTHONY JENKINS, No. 18-35314
Plaintiff-Appellant, D.C. No. 2:15-cv-00558-SI
v.
MEMORANDUM*
STEVE SHELTON, Director of Health
Service, Oregon Department of Corrections;
et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the District of Oregon
Michael H. Simon, District Judge, Presiding
Submitted March 12, 2019**
Before: LEAVY, BEA, and N.R. SMITH, Circuit Judges
Oregon state prisoner Richard Anthony Jenkins appeals pro se from the
district court’s summary judgment and dismissal order in his 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 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).
U.S.C. § 1291. We review de novo. Doe v. Abbott Labs., 571 F.3d 930, 933 (9th
Cir. 2009). We affirm.
The district court properly granted summary judgment on Jenkins’s
deliberate indifference claims against defendants Shelton, Hughes, Clements,
Gulick, and Taylor because Jenkins failed to raise a genuine dispute of material
fact as to whether these defendants were deliberately indifferent in the treatment of
Jenkins’s medical problems and pain. See Toguchi v. Chung, 391 F.3d 1051,
1057-60 (9th Cir. 2004) (a prison official is deliberately indifferent only if he or
she knows of and disregards an excessive risk to inmate health; a difference of
opinion concerning the course of treatment, medical malpractice, and negligence in
diagnosing or treating a medical condition do not amount to deliberate
indifference). Because the district court granted summary judgment on the merits
of Jenkins’s deliberate indifference claims as to these defendants, the district court
did not err in failing to consider Jenkins’s motion for class certification attached to
his Declaration in Opposition to Summary Judgment. See Corbin v. Time Warner
Entm’t-Advance/Newhouse P’ship, 821 F.3d 1069, 1085 (9th Cir. 2016) ( “[A]
district court need not inquire as to whether [a] meritless claim should form the
basis of a class action.”).
The district court properly dismissed defendant Little for lack of personal
jurisdiction because Jenkins failed to allege facts sufficient to establish that Little
2 18-35314
has “continuous and systematic” contacts with Oregon that “approximate physical
presence,” Schwarzenegger v. Fred Martin Motor Co., 374 F.3d 797, 801 (9th Cir.
2004) (citation and internal quotation marks omitted) (general jurisdiction), or that
his claims arose out of or relate to Little’s forum-related activities, see Boschetto v.
Hansing, 539 F.3d 1011, 1015-16 (9th Cir. 2008) (specific jurisdiction).
The district court did not abuse its discretion by considering Dr. Koltes’s
declaration in ruling on the motion for summary judgment because the declaration
was signed under penalty of perjury, and Dr. Koltes had personal knowledge of the
facts in her declaration. See Block v. City of Los Angeles, 253 F.3d 410, 416, 419
(9th Cir. 2001) (setting forth standard of review).
We do not consider matters not specifically and distinctly raised and argued
in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n. 2 (9th Cir. 2009).
We reject as unsupported by the record Jenkins’s contentions that the district
court denied him due process or failed to consider his filings and evidence.
Jenkins’s motion for a certificate of appealability (Docket Entry No. 36) is
denied as unnecessary.
AFFIRMED.
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