Willie F. STEPHENS, Sr., Plaintiff-Appellant, v. Jenny ESPINOZA, M.D. Phys Med.; Juliet Dela Cruz, R.N., Defendants-Appellees, 691 F. App'x 862

MEMORANDUM California state prisoner Willie F. Stephens, Sr., 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. 2004), and we affirm. The district court properly granted

summary judgment because Stephens failed to raise a genuine dispute of material fact as to whether defendants were deliberately indifferent to his foot pain. 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).

The district court did not abuse its discretion by denying Stephens’ motions to compel discovery because Stephens failed to demonstrate that defendants failed to respond timely to his discovery requests. See Hallett v. Morgan, 296 F.3d 732, 751 (9th Cir. 2002) (setting forth standard of review and stating that “[bjroad discretion is vested in the trial court to permit or deny discovery” (citation and internal quotation marks omitted)). 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). AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.