Arisman v. Woodford
Arisman v. Woodford
Opinion of the Court
MEMORANDUM
California state prisoner David W. Aris-man appeals pro se from the district
The district court properly dismissed Arisman’s complaint because it failed to specify how any individual defendant was aware of, yet disregarded, the alleged insufficiency of the prison food. See Farmer v. Brennan, 511 U.S. 825, 837, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994) (a prison official may be held liable for unconstitutional conditions of confinement only if the official knew of and disregarded an excessive risk to inmate health or safety).
The district court did not abuse its discretion in denying Arisman’s request for appointment of counsel because Arisman did not demonstrate extraordinary circumstances. See Agyeman, 390 F.3d at 1103 (determining extraordinary circumstances based on the likelihood of the plaintiffs success on the merits and an evaluation of the plaintiffs ability to articulate his claims in light of the complexity of the legal issues involved).
We do not consider Arisman’s contention, raised for the first time on appeal, that the district court improperly ignored the claims raised in his two separate complaints filed contemporaneously with the present action. See Cold Mountain v. Garber, 375 F.3d 884, 891 (9th Cir. 2004) (“In general, we do not consider an issue raised for the first time on appeal.”).
Arisman’s remaining contentions are unpersuasive.
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provid
. We note with regret the delay in the district court in the disposition of these matters.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.