Joseph B. Matthews v. LAHEY, Nurse;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSEPH B. MATTHEWS,
Plaintiff - Appellant,
v.
LAHEY, Nurse; et al.,
Defendants - Appellees.
No. 13-15463
D.C. No. 2:09-cv-02415-GEB-
KJN
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Garland E. Burrell, Jr., District Judge, Presiding
Submitted February 18, 2014**
Before: ALARCÓN, O’SCANNLAIN, and FERNANDEZ, Circuit Judges.
Joseph B. Matthews, 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
FILED
FEB 28 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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Cir. 2004), and we affirm.
The district court properly granted summary judgment because Matthews
failed to raise a genuine dispute of material fact as to whether defendants were
deliberately indifferent to his right clavicle fracture. 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 a prisoner’s health and safety; negligence and a mere
difference in medical opinion are insufficient); see also Starr v. Baca, 652 F.3d
1202, 1207 (9th Cir. 2011) (discussing the requirements for establishing
supervisory liability).
Matthews’ contention that he did not receive proper notice of the
requirements to oppose summary judgment is unpersuasive.
AFFIRMED.
13-15463 2

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