Aaron Bishop v. Siji Thomas

U.S. Court of Appeals for the Ninth Circuit

Aaron Bishop v. Siji Thomas

Opinion

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS NOV 17 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT AARON JOSEPH BISHOP, No. 20-17461

Plaintiff-Appellant, D.C. No. 2:19-cv-01757-JAT v.

MEMORANDUM* SIJI THOMAS, Nurse Practitioner at Corizon Health; et al.,

Defendants-Appellees.

Appeal from the United States District Court

for the District of Arizona

James A. Teilborg, District Judge, Presiding

Submitted November 8, 2021** Before: CANBY, TASHIMA, and MILLER, Circuit Judges.

Arizona state prisoner Aaron Joseph Bishop appeals pro se from the district court’s summary judgment in his 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

*

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). (9th Cir. 2004). We affirm.

The district court properly granted summary judgment because Bishop failed to raise a genuine dispute of material fact as to whether defendant Thomas was deliberately indifferent in the treatment of Bishop’s knee pain. See id. at 1057-60 (deliberate indifference is a high legal standard; medical malpractice, negligence, or a difference of opinion concerning the course of treatment does not amount to deliberate indifference).

We do not consider matters not specifically and distinctly raised and argued in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.

2 20-17461

Reference

Status
Unpublished