Gerry Johns v. J. ZAMORA, Registered Nurse

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
GERRY JOHNS,
Plaintiff-Appellant,
v.
J. ZAMORA, Registered Nurse,
Defendant-Appellee.
No. 17-55623
D.C. No. 3:14-cv-02995-MMA-
KSC
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Michael M. Anello, District Judge, Presiding
Submitted October 23, 2017**
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.
* 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
NOV 1 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 17-55623
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.

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