ROBERT WOODS V. HAAR

• Court: Court of Appeals for the Ninth Circuit
• Decided: December 19, 2022
• Docket: 22-55253
• Status: Unpublished

Opinion

NOT FOR PUBLICATION FILED DEC 19 2022 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

ROBERT STANLEY WOODS, AKA No. 22-55253 Saladin Rushdan, D.C. No. 2:19-cv-00695-ODW-KK Plaintiff-Appellant,

v. MEMORANDUM*

HAAR; BREEN; TAYLOR; T. MACIAS, Chief Executive Officer; S. GATES, Chief HealthCare Appeals,

Defendants-Appellees.

Appeal from the United States District Court for the Central District of California Otis D. Wright II, District Judge, Presiding

Submitted December 8, 2022**

Before: WALLACE, TALLMAN, and BYBEE, Circuit Judges.

California state prisoner Robert Stanley Woods 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 and retaliation. We have

* 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). jurisdiction under 28 U.S.C. § 1291. We review de novo, Colwell v. Bannister,

763 F.3d 1060, 1065 (9th Cir. 2014), and we affirm.

The district court properly granted summary judgment on Woods’s

deliberate indifference claim because Woods failed to raise a genuine dispute of

material fact as to whether defendants Breen and Taylor were deliberately

indifferent to his chronic keloids. See id. at 1068 (stating that a difference of

opinion between a physician and a prisoner concerning appropriate medical care

does not amount to deliberate indifference); Toguchi v. Chung, 391 F.3d 1051,

1057-60 (explaining that a prison official is deliberately indifferent only if he or

she knows of and disregards an excessive risk to inmate health; medical

malpractice or negligence does not amount to deliberate indifference).

The district court properly granted summary judgment on Woods’s

retaliation claim because Woods failed to raise a genuine dispute of material fact as

to whether defendant Haar’s recommendation to transfer Woods did not reasonably

advance a legitimate correctional goal. See Brodheim v. Cry, 584 F.3d 1262, 1271

(9th Cir. 2009) (“To prevail on a retaliation claim, a prisoner must show that the

challenged action did not reasonably advance a legitimate correctional goal.”

(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

2 22-55253 appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.

3 22-55253