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Gerry Johns v. J. Zamora
700 F. App'x 733
| 9th Cir. | 2017
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Docket

*1 Before: LEAVY, WATFORD, and FRIEDLAND, Circuit Judges.

Gerry Johns, a California state prisoner, 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 (9th Cir. *2 2004). We affirm.

The district court properly granted summary judgment because Johns failed to raise a genuine dispute of material fact as to whether defendant Zamora was deliberately indifferent in treating Johns’ forearm injury. See id. at 1057-60 (a prison official acts with deliberate indifference only if he or she knows of and disregards an excessive risk to the prisoner’s health; negligence and a mere difference in medical opinion are insufficient to establish deliberate indifference); Hallett v. Morgan , 296 F.3d 732, 746 (9th Cir. 2002) (prisoner alleging deliberate indifference based on delay in treatment must show that delay led to further injury).

AFFIRMED.

2 17-55623

[*] 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).

Case Details

Case Name: Gerry Johns v. J. Zamora
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Nov 1, 2017
Citation: 700 F. App'x 733
Docket Number: 17-55623
Court Abbreviation: 9th Cir.
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