Roberto Campa Lopez v. R. RICE, Lt;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ROBERTO CAMPA LOPEZ,
Plaintiff-Appellant,
v.
R. RICE, Lt; et al.,
Defendants-Appellees.
No. 16-16228
D.C. No. 3:13-cv-03330-JD
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
James Donato, District Judge, Presiding
Submitted June 26, 2017**
Before: PAEZ, BEA, and MURGUIA, Circuit Judges.
Roberto Campa Lopez, 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
* 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).
FILED
JUN 30 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 16-16228
Cir. 2004). We affirm.
The district court properly granted summary judgment because Lopez failed
to raise a genuine dispute of material fact as to whether any of the defendants
consciously disregarded an excessive risk to Lopez’s health. See Zetwick v.
County of Yolo, 850 F.3d 436, 441 (9th Cir. 2017) (summary judgment appropriate
when “the record taken as a whole could not lead a rational trier of fact to find for
the nonmoving party” (citation and internal quotation marks omitted)); Jett v.
Penner, 439 F.3d 1091, 1096 (9th Cir. 2006) (deliberate indifference is
demonstrated by a purposeful act or failure to respond to a prisoner’s pain or
medical need and harm caused by the 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.

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