NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 19 2022 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

DOUGLAS WAYNE DERELLO, Jr., AKA No. 21-15243 Douglas Wayne Derello, D.C. No. 2:18-cv-03575-MTL-JFM Plaintiff-Appellant,

v. MEMORANDUM*

SANCHEZ, AKA Felicia Sanchez, Sgt.; HARRIS, AKA Nathaniel Harris, Sgt.; UNKNOWN PARTY, named as John Doe (DW), Deputy Warden, SMI #1; JACKSON, named as CO II Jackson; T. LEWIS, #12271, Correctional Officer; IGWE, AKA Dorothy Igwe, Nurse Practitioner at South Unit; named as Dorothy Igwe,

Defendants-Appellees.

Appeal from the United States District Court for the District of Arizona Michael T. Liburdi, District Judge, Presiding

Submitted April 11, 2022**

Before: McKEOWN, CHRISTEN, and BRESS, 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). Arizona state prisoner Douglas Wayne Derello appeals pro se from the

district court’s summary judgment in his 42 U.S.C. § 1983 action alleging

retaliation and 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 to defendant Igwe

because Derello failed to raise a genuine dispute of material fact as to whether

Igwe was deliberately indifferent to Derello’s gout. See id. at 1060-61 (deliberate

indifference is a high legal standard requiring a defendant be aware of and

disregard an excessive risk to an inmate’s health).

The district court properly granted summary judgment to defendant Harris

because Derello failed to raise a genuine dispute of material fact as to whether

Harris retaliated against Derello. See Rhodes v. Robinson, 408 F.3d 559, 567-68

(9th Cir. 2005) (elements of a retaliation claim in the prison context).

AFFIRMED.

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