Patrick Smrz v. Correctional Medical Services
Opinion
Opinion
MEMORANDUM
Idaho state prisoner Patrick Edward Smrz 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, EEOC v. Luce, Forward, Hamilton & Scripps, 345 F.3d 742 , 746 (9th Cir.2003), and we affirm.
The district court properly granted summary judgment on Smrz’s Eighth Amendment claim because he failed to raise a triable issue as to whether defendant Correctional Medical Services acted with deliberate indifference through delay in treating his facial skin cancer or by sending him to a doctor who was not a plastic surgeon or oncologist. See Estelle v. Gamble, 429 U.S. 97, 104-05 , 97 S.Ct. 285 , 50 L.Ed.2d 251 (1976); Franklin v. State of Or., State Welfare Div., 662 F.2d 1337 , 1344 (9th Cir.1981) (difference of opinion between the prisoner and prison medical authorities regarding treatment does not amount to deliberate indifference).
We do not consider Smrz’s contentions raised for the first time on appeal. See Travelers Prop. Cas. Co. of Am. v. ConocoPhillips Co., 546 F.3d 1142, 1146 (9th Cir. 2008).