Roberto Campa LOPEZ, Plaintiff-Appellant, v. R. RICE, Lt; et al., Defendants-Appellees, 692 F. App'x 914

MEMORANDUM Roberto Campa Lopez, 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. 2004). We affirm. The district court properly granted

summary judgment because Lopez failed to raise a genuine dispute of material fact as to whether any of the defendants consciously disregarded an excessive risk to Lopez’s health. See Zetwick v. County of Yolo, 850 F.3d 436, 441 (9th Cir. 2017) (summary judgment appropriate when “the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party” (citation and internal quotation marks omitted)); Jett v.

Penner, 439 F.3d 1091, 1096 (9th Cir. 2006) (deliberate indifference is demonstrated by a purposeful act or failure to respond to a prisoner’s pain or medical need and harm caused by the indifference). 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. This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.