Rodolfo Anderson v. Talisman , 398 F. App'x 291 ( 2010 )

FILED
NOT FOR PUBLICATION OCT 05 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
RODOLFO C. ANDERSON, No. 09-16911
Plaintiff - Appellant, D.C. No. 1:07-cv-00715-ALA
v.
MEMORANDUM *
TALISMAN, DR.,
Defendant - Appellee.
Appeal from the United States District Court
for the Eastern District of California
Arthur L. Alarcón, Circuit Judge, Presiding **
Submitted September 13, 2010 ***
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The Honorable Arthur L. Alarcón, United States Circuit Judge for the
Ninth Circuit, sitting by designation.
***
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
California state prisoner Rodolfo C. Anderson appeals pro se from the
district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that a
prison medical official forced him to take antipsychotic medications against his
will. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo.
Frost v. Agnos, 152 F.3d 1124, 1128 (9th Cir. 1998). We affirm.
The district court properly granted summary judgment because Anderson
failed to raise a genuine issue of material fact as to whether the prison doctor
violated his constitutional rights by involuntarily medicating him. See Washington
v. Harper, 494 U.S. 210, 231-33 (1990); Kulas v. Valdez, 159 F.3d 453, 456 (9th
Cir. 1998).
We do not consider arguments raised for the first time on appeal. See Smith
v. Marsh, 194 F.3d 1045, 1052 (9th Cir. 1999).
Anderson’s remaining contentions are unpersuasive.
AFFIRMED.
2 09-16911