Yoandy Fernandez-Morales v. Ben Gutierrez

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 24 2025 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT YOANDY FERNANDEZ-MORALES, No. 23-15891 Plaintiff-Appellant, D.C. No. 2:20-cv-00679-CDS-EJY v. MEMORANDUM* BEN GUTIERREZ; LANDSMAN, Dr; DRASEN, Defendants-Appellees. Appeal from the United States District Court for the District of Nevada Cristina D. Silva, District Judge, Presiding Submitted February 18, 2025** Before: SILVERMAN, WARDLAW, and DESAI, Circuit Judges. Nevada state prisoner Yoandy Fernandez-Morales 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). Cir. 2004), and we affirm. The district court properly granted summary judgment because Fernandez- Morales failed to raise a genuine dispute of material fact as to whether defendants were deliberately indifferent in treating Fernandez-Morales’s gastritis. 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); see also Starr v. Baca, 652 F.3d 1202, 1207-08 (9th Cir. 2011) (a supervisor is liable under § 1983 only if he or she is personally involved in the constitutional deprivation or there is a “sufficient causal connection between the supervisor’s wrongful conduct and the constitutional violation” (citation and internal quotation marks omitted)). 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. 2 23-15891