Wellington Coppess v. Charles Ryan ( 2021 )

FILED
NOT FOR PUBLICATION
MAR 31 2021
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
WELLINGTON SPENCER COPPESS, No. 20-15295
Plaintiff-Appellant, D.C. No. 4:18-cv-00118-JAS
v.
MEMORANDUM*
CHARLES L. RYAN, Director;
RICHARD PRATT, Assistant Director;
CORIZON CORRECTIONAL HEALTH,
INC., named as Corizon Health Inc.;
BENJAMIN SCHMID, Facility Health
Administrator; CORIZON HEALTH,
INC.,
Defendants-Appellees.
Appeal from the United States District Court
for the District of Arizona
James Alan Soto, District Judge, Presiding
Submitted March 30, 2021**
Before: FERNANDEZ, SILVERMAN, 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 panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Wellington Spencer Coppess appeals the district’s order granting summary
judgment in favor of the defendants in his civil rights action alleging deliberate
indifference to his Hepatitis C Virus infection. We have jurisdiction pursuant to 28
U.S.C. § 1291. We review de novo, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th
Cir. 2004), and affirm.
The district court properly granted summary judgment in favor of the
defendants. There is no evidence that defendants failed to provide relevant
documents. Defendants provided extensive medical treatment records
documenting chronic care appointments and lab test results. At most, plaintiff
established a difference of opinion between himself and the defendants regarding
proper testing and treatment of his chronic infection. Such a difference of opinion
does not rise to the level of deliberate indifference. Id. at 1058.
AFFIRMED.