Filed: May 15, 2020
Latest Update: May 15, 2020
Summary: NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAY 15 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JEFFERY WAYNE WILLIAMS II, No. 19-16858 Plaintiff-Appellant, D.C. No. 2:19-cv-01749-SPL-ESW v. MEMORANDUM* CHARLES L. RYAN; et al., Defendants-Appellees. Appeal from the United States District Court for the District of Arizona Steven Paul Logan, District Judge, Presiding Submitted May 6, 2020** Before: BERZON, N.R. SMITH, and MILLER, Circuit Judges. Arizona state
Summary: NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAY 15 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JEFFERY WAYNE WILLIAMS II, No. 19-16858 Plaintiff-Appellant, D.C. No. 2:19-cv-01749-SPL-ESW v. MEMORANDUM* CHARLES L. RYAN; et al., Defendants-Appellees. Appeal from the United States District Court for the District of Arizona Steven Paul Logan, District Judge, Presiding Submitted May 6, 2020** Before: BERZON, N.R. SMITH, and MILLER, Circuit Judges. Arizona state ..
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NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAY 15 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JEFFERY WAYNE WILLIAMS II, No. 19-16858
Plaintiff-Appellant, D.C. No. 2:19-cv-01749-SPL-ESW
v.
MEMORANDUM*
CHARLES L. RYAN; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the District of Arizona
Steven Paul Logan, District Judge, Presiding
Submitted May 6, 2020**
Before: BERZON, N.R. SMITH, and MILLER, Circuit Judges.
Arizona state prisoner Jeffrey Wayne Williams II appeals pro se from the
district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging violations
of the Eighth Amendment. We have jurisdiction under 28 U.S.C. § 1291. We
review de novo a dismissal under 28 U.S.C. § 1915A. Wilhelm v. Rotman, 680
*
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).
F.3d 113, 118 (9th Cir. 2012). We affirm.
The district court properly dismissed Williams’s action because Williams
failed to allege facts sufficient to show that defendants knew of and disregarded a
substantial risk to his health or safety. See Hebbe v. Pliler,
627 F.3d 338, 341-42
(9th Cir. 2010) (although pro se pleadings are construed liberally, plaintiff must
present factual allegations sufficient to state a plausible claim for relief); Toguchi
v. Chung,
391 F.3d 1051, 1056-60 (9th Cir. 2004) (a prison official is deliberately
indifferent only if he or she knows of and disregards an excessive risk to inmate
health; medical malpractice, negligence, or a difference of opinion concerning the
course of treatment does not amount to deliberate indifference).
We do not consider matters not specifically and distinctly raised and argued
in the opening brief, or 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 presented to the district court. See
United States v. Elias,
921 F.2d 870, 874 (9th Cir. 1990).
Williams’s request to file a supplemental opening brief (Docket Entry No.
28) is granted. The Clerk is requested to file the supplemental brief at Docket
Entry No. 29.
2 19-16858
Williams’s remaining pending motions (Docket Entry Nos. 14, 15, 16, 17,
and 21) are denied.
AFFIRMED.
3 19-16858