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United States Court of Appeals, Ninth Circuit.

Woodie Leo WILLIAMS, Jr., Plaintiff-Appellant, v. Charles L. RYAN, et al., Defendants-Appellees.

No. 20-17274

Decided: June 30, 2021

Before: SILVERMAN, WATFORD, and BENNETT, Circuit Judges. Woodie Leo Williams, Jr., Pro Se Rita Bustos, Quintairos, Prieto, Wood & Boyer, P.A., Phoenix, AZ, for Defendants-Appellees


Arizona state prisoner Woodie Leo Williams, Jr. 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 Williams failed to raise a genuine dispute of material fact as to whether defendant Nicole Schaffer was deliberately indifferent to the wound on his leg. 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); Hallett v. Morgan, 296 F.3d 732, 745-46 (9th Cir. 2002) (a delay in medical treatment does not constitute deliberate indifference unless the delay led to significant injury).

We reject as without merit Williams's contention that defendant's answering brief was untimely.

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).


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