John H. Jackson v. N. Akabike

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOHN H. JACKSON,
Plaintiff-Appellant,
v.
N. AKABIKE,
Defendant-Appellee.
No. 22-16109
D.C. No. 1:19-cv-01442-JLT-EPG
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Jennifer L. Thurston, District Judge, Presiding
Submitted December 8, 2022**
Before: WALLACE, TALLMAN, and BYBEE, Circuit Judges.
California state prisoner John H. Jackson appeals pro se from the district
court’s summary judgment in her 42 U.S.C. § 1983 action alleging deliberate
indifference to her 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
DEC 16 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 22-16109
2004), and we affirm.
The district court properly granted summary judgment because Jackson
failed to raise a genuine dispute of material fact as to whether defendant was
deliberately indifferent in treating Jackson’s stomach issues. See id. at 1057-60
(prison officials act with deliberate indifference only if they know of and disregard
a risk to the prisoner’s health; medical malpractice, negligence, or difference of
opinion concerning the course of treatment does not amount to deliberate
indifference); Hallett v. Morgan, 296 F.3d 732, 746 (9th Cir. 2002) (a prisoner
alleging deliberate indifference based on delay in treatment must show that the
delay caused significant harm).
We do not consider arguments and allegations raised for the first time on
appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
We do not consider documents not filed with the district court. See United
States v. Elias, 921 F.2d 870, 874 (9th Cir. 1990).
AFFIRMED.

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