Arthur Johnson v. Doehring

U.S. Court of Appeals for the Ninth Circuit
Arthur Johnson v. Doehring, 490 F. App'x 75 (9th Cir. 2013)
Goodwin, Wallace, Fisher

Arthur Johnson v. Doehring

Opinion

MEMORANDUM **

Arthur L. Johnson, a California state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging constitutional violations and a state law negligence claim arising from treatment he received from defendants while incarcerated at Pleasant Valley State Prison. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Torres v. City of Madera, 648 F.3d 1119, 1123 (9th Cir. 2011), and we affirm.

The district court properly granted summary judgment for Doehring on the state law negligence claim because Johnson failed to raise a genuine dispute of material fact on the issue of causation. See Ileto v. Glock Inc., 349 F.3d 1191, 1203 (9th Cir. 2003) (stating elements for a negligence claim under California law); Ortega v. Kmart Corp., 26 Cal.4th 1200, 114 Cal. Rptr.2d 470, 36 P.3d 11, 15 (2001) (providing that, on the issue of causation in a negligence claim, a plaintiff must introduce evidence that it is more likely than not that defendant caused the injury; otherwise, defendant is entitled to judgment). Because Johnson expressly waived his claim against Corona on appeal, the judgment is final as to Corona, and it is now final as to Johnson based on this memorandum.

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
Arthur L. JOHNSON, Plaintiff-Appellant, v. DOEHRING, Medical Doctor; Corona, Defendants-Appellees
Status
Unpublished