Felker
Henderson v. Felker
Opinion
Lead Opinion
*346 MEMORANDUM **
Darren Henderson, a California state prisoner, 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 review de novo, Hearns v. Terhune, 413 F.3d 1036, 1040 (9th Cir.2005), and we affirm in part, vacate in part, and remand.
In his opening brief, Henderson fails to address, and therefore waives any challenge to, the district court’s dismissal of his claims against defendants Cox, French, and Wolf, and his claim against defendant Roche premised on Roche’s alleged failure to provide medication. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996) (issues not specifically raised and argued in a party’s opening brief are waived). Accordingly, we affirm the dismissal of those claims.
However, we vacate the judgment to the extent it dismisses the claims alleging that defendants Dovey, Felker, and Roche executed and enforced unconstitutional policies pertaining to the treatment of diabetic inmates. The district court dismissed the claims in part because the California Department of Corrections and…