12-16360•Todd M. Honeycutt v. Sandy Snider;
12-16360Court of Appeals for the Ninth Circuit25 de mar. de 2013
This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
TODD M. HONEYCUTT,
Plaintiff - Appellant,
v.
SANDY SNIDER; et al.,
Defendants - Appellees.
No. 12-16360
D.C. No. 3:11-cv-00393-RCJ-
WGC
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Robert Clive Jones, Chief Judge, Presiding
Submitted March 12, 2013**
Before: PREGERSON, REINHARDT, and W. FLETCHER, Circuit Judges.
Nevada state prisoner Todd M. Honeycutt 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 related to orthopedic shoes. We have
FILED
MAR 25 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS
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jurisdiction under 28 U.S.C. § 1291. We review de novo, Toguchi v. Chung, 391
F.3d 1051, 1056 (9th Cir. 2004), and we affirm.
The district court properly granted summary judgment because Honeycutt
failed to raise a genuine dispute of material fact as to whether defendants knew of
and consciously disregarded his serious medical conditions warranting orthopedic
footwear. See Farmer v. Brennan, 511 U.S. 825, 834, 837 (1994) (for deliberate
indifference claim, prisoner must make a subjective showing that prison officials
knew of and disregarded “an excessive risk to inmate health or safety”); see also
Toguchi, 391 F.3d at 1059-60 (inmate’s difference of opinion with his physician,
or a difference of opinion between physicians, as to what treatment is appropriate
does not constitute deliberate indifference).
Issues raised by Honeycutt in his briefs that are not supported by argument,
such as the denial of his post-judgment motion to alter or amend his complaint, are
deemed waived. See Acosta-Huerta v. Estelle, 7 F.3d 139, 144 (9th Cir. 1992).
AFFIRMED.
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