Lloyd Albert Payne v. S. Butler; A. Gutierres

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
LLOYD ALBERT PAYNE,
Plaintiff-Appellant,
v.
S. BUTLER; A. GUTIERRES,
Defendants-Appellees.
No. 17-15781
D.C. No. 1:13-cv-00313-LJO-BAM
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Lawrence J. O’Neill, Chief Judge, Presiding
Submitted February 13, 2018**
Before: LEAVY, FERNANDEZ, and MURGUIA, Circuit Judges.
California state prisoner Lloyd Albert Payne appeals pro se from the district
court’s summary judgment in his 42 U.S.C. § 1983 action alleging deliberate
indifference to a serious medical need. We have jurisdiction under 28 U.S.C. §
1291. We review de novo. Lemire v. Cal. Dep’t of Corr. & Rehab., 726 F.3d
* 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).
FILED
FEB 22 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 17-15781
1062, 1074 (9th Cir. 2013). We affirm.
The district court properly granted summary judgment for defendant
Gutierrez because Payne failed to raise a genuine dispute of material fact as to
whether Gutierrez was personally involved in the alleged violation of Payne’s
rights. See Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (“Liability
under § 1983 must be based on the personal involvement of the defendant”).
The district court properly granted summary judgment for defendant Butler
because Payne failed to raise a genuine dispute of material fact as to whether
Butler “acted or failed to act despite his knowledge of a substantial risk of serious
harm.” Lemire, 726 F.3d at 1074 (citation and internal quotation marks omitted)).
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).
AFFIRMED.

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