U.S. Court of Appeals for the Ninth Circuit, 2014

Mark Parker v. Unknown Rowe

Mark Parker v. Unknown Rowe
U.S. Court of Appeals for the Ninth Circuit · Decided August 21, 2014 · Schroeder, Thomas, Hurwitz
584 F. App'x 635

Mark Parker v. Unknown Rowe

Opinion

MEMORANDUM **

Arizona state prisoner Mark Steven Parker appeals pro se from the district court’s summary judgment in Parker’s 42 U.S.C. § 1983 action 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 Cir. 2004). We affirm.

The district court properly granted summary judgment because Parker failed to raise a genuine dispute of material fact as to whether Dr. Rowe provided treatment for Parker’s gout that was medically unacceptable under the circumstances and was chosen in conscious disregard of an excessive risk to his health. See id. at 1058 (explaining requirements to prevail on a medical deliberate indifference claim involving choices between alternative courses of treatment).

The district court did not abuse its discretion in denying Parker’s “Motion to Put Court on Notice of Due Process Violations” because Parker did not seek specific relief, but rather attempted to raise issues that he had not addressed in any previous filings. See Preminger v. Peake, 552 F.3d 757, 769 n. 11 (9th Cir. 2008) (reviewing for an abuse of discretion the district court’s decision regarding management of litigation).

We do not consider matters not specifically and distinctly raised and argued in the opening brief, or arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n. 2 (9th Cir. 2009) (per curiam).

AFFIRMED.

**

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

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