
    John F. SMITH, Plaintiff—Appellant, v. James BENEDITTI; et al., Defendants—Appellees.
    No. 10-16888.
    United States Court of Appeals, Ninth Circuit.
    Submitted Oct. 25, 2011.
    
    Filed Nov. 1, 2011.
    John F. Smith, Carson City, NV, pro se.
    Robert Simon, Deputy Assistant Attorney General, Clark G. Leslie, Esquire, Deputy Assistant Attorney General, Office of the Nevada Attorney General, Carson City, NV, for Defendants-Appellees.
    Before: TROTT, GOULD, and RAWLINSON, Circuit Judges.
    
      
      
         The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

John F. Smith, a Nevada state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that defendants were deliberately indifferent to his serious medical needs. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Togu- chi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004), and we affirm.

The district court properly granted summary judgment because Smith failed to raise a genuine dispute of material fact as to whether defendants were deliberately indifferent in the treatment of his knee. See id. at 1057-58 (a prison official acts with deliberate indifference only if he or she knows of and disregards an excessive risk to the prisoner’s health and safety; negligence and a mere difference in medical opinion are insufficient); Hallett v. Morgan, 296 F.3d 732, 744-46 (9th Cir. 2002) (prisoner alleging that delay of medical treatment evinces deliberate indifference must show that the delay led to further injury).

We do not consider issues that were not raised in the opening brief. See Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir.1999).

AFFIRMED. 
      
      
         This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
     