NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUL 24 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
KEVIN L. WEBB, No. 18-17153
Plaintiff-Appellant, D.C. No. 3:17-cv-03066-CRB
v.
MEMORANDUM*
CALIFORNIA CORRECTIONAL
HEALTH CARE SERVICES; D. BRIGHT,
Dr.,
Defendants-Appellees.
Appeal from the United States District Court
for the Northern District of California
Charles R. Breyer, District Judge, Presiding
Submitted July 15, 2019**
Before: SCHROEDER, SILVERMAN, and CLIFTON, Circuit Judges.
California state prisoner Kevin L. Webb 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.
*
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).
§ 1291. We review de novo. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.
2004). We affirm.
The district court properly granted summary judgment for defendant Bright
because Webb failed to raise a genuine dispute of material fact as to whether
Bright was deliberately indifferent to Webb’s hip 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 an inmate’s health; medical malpractice, negligence, or a
difference of opinion concerning the course of treatment does not amount to
deliberate indifference).
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).
AFFIRMED.
2 18-17153