Michael W. Johnson v. JOE A. LIZARRAGA, Warden, The Warden

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MICHAEL W. JOHNSON,
Plaintiff-Appellant,
v.
JOE A. LIZARRAGA, Warden, The
Warden; CHARLOTTE REYNOLS, The
Superintendent II Cal PIA; C. SMITH, MD
FACP Chief Physician/Surgeon; SAM
WONG, Doctor; CRAIG VERNON,
Defendants-Appellees.
No. 22-15604
D.C. No. 2:18-cv-03101-JAM-JDP
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
John A. Mendez, District Judge, Presiding
Submitted June 26, 2023**
Before: CANBY, S.R. THOMAS, and CHRISTEN, Circuit Judges.
California state prisoner Michael W. Johnson appeals pro se from the district
court’s summary judgment in his 42 U.S.C. § 1983 action alleging deliberate
* 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
JUL 10 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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indifference to his serious medical needs. We have jurisdiction under 28 U.S.C.
§ 1291. We review de novo, Hamby v. Hammond, 821 F.3d 1085, 1092 (9th Cir.
2016), and we affirm.
The district court properly granted summary judgment because Johnson
failed to raise a genuine dispute of material fact as to whether defendants were
deliberately indifferent to his request to leave work midday to obtain medication
for his ulcerative colitis. See Farmer v. Brennan, 511 U.S. 825, 837 (1994)
(“[T]he official must both be aware of facts from which the inference could be
drawn that a substantial risk of serious harm exists, and he must also draw the
inference.”); Toguchi v. Chung, 391 F.3d 1051, 1057-60 (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).
Johnson’s motion for an order of default (Docket Entry No. 12) is denied.
AFFIRMED.

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