NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUN 11 2020

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

CARDELL GAUFF, No. 19-16781

Plaintiff-Appellant, D.C. No. 2:19-cv-04492-DGC-

ESW

v.

JOHN PERKINS, Facility Health MEMORANDUM* Administrator; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the District of Arizona David G. Campbell, District Judge, Presiding

Submitted June 2, 2020**

Before: LEAVY, PAEZ, and BENNETT, Circuit Judges.

Arizona state prisoner Cardell Gauff appeals pro se from the district court’s

judgment dismissing 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

* 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). review de novo a dismissal under 28 U.S.C. § 1915A. Resnick v. Hayes, 213 F.3d

443, 447 (9th Cir. 2000). We affirm.

The district court properly dismissed Gauff’s action because Gauff failed to

allege facts sufficient to show that defendants were deliberately indifferent to

Gauff’s Hepatitis C diagnosis. See Toguchi v. Chung, 391 F.3d 1051, 1056-57 (9th

Cir. 2004) (a prison official is deliberately indifferent only if he or she knows of

and disregards an excessive risk to inmate health); Leer v. Murphy, 844 F.2d 628,

633 (9th Cir. 1988) (“A person deprives another of a constitutional right, . . .

[under § 1983 ], if he does an affirmative act, participates in another’s affirmative

acts, or omits to perform an act which he is legally required to do that causes the

deprivation of which [the plaintiff complains].” (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).

Gauff’s pending motion is denied.

AFFIRMED.

2 19-16781