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NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUN 30 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT WOODIE LEO WILLIAMS, Jr., No. 20-17274 Plaintiff-Appellant, D.C. No. 2:19-cv-04456-JAT-MTM v. MEMORANDUM* CHARLES L. RYAN, et al., Defendants-Appellees. Appeal from the United States District Court for the District of Arizona James A. Teilborg, District Judge, Presiding Submitted June 21, 2021** Before: SILVERMAN, WATFORD, and BENNETT, Circuit Judges. Arizona state prisoner Woodie Leo Williams, Jr. appeals pro se from the district court’s summary judgment in his
42 U.S.C. § 1983action 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), and we affirm. The district court properly granted summary judgment because Williams failed to raise a genuine dispute of material fact as to whether defendant Nicole Schaffer was deliberately indifferent to the wound on his leg. 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); Hallett v. Morgan,
296 F.3d 732, 745-46 (9th Cir. 2002) (a delay in medical treatment does not constitute deliberate indifference unless the delay led to significant injury). We reject as without merit Williams’s contention that defendant’s answering brief was untimely. We do not consider arguments and allegations raised for the first time on appeal. See Padgett v. Wright,
587 F.3d 983, 985 n.2 (9th Cir. 2009). AFFIRMED. 2 20-17274
Document Info
Docket Number: 20-17274
Filed Date: 6/30/2021
Precedential Status: Non-Precedential
Modified Date: 6/30/2021