U.S. Court of Appeals for the Ninth Circuit, 2011

Foster v. Redenius

Foster v. Redenius
U.S. Court of Appeals for the Ninth Circuit · Decided March 10, 2011 · Canby, Fernandez, Smith
420 F. App'x 720

Foster v. Redenius

Opinion

MEMORANDUM ***

California state prisoner Ronald Foster appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that defendants deprived him of an adequate number of daily meals. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir. 2004). We affirm.

The district court properly granted summary judgment on Foster’s Eighth Amendment claim because Foster failed to raise a genuine issue of material fact as to whether the food he received was inadequate to maintain his health. See LeMaire v. Maass, 12 F.3d 1444, 1456 (9th Cir. 1993) (“The Eighth Amendment requires only that prisoners receive food that is adequate to maintain health.... ”).

The district court properly dismissed Foster’s due process claim because it was correctly construed as an Eighth Amendment claim. See Graham v. Connor, 490 U.S. 386, 395, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989) (where a particular Amendment “provides an explicit textual source of constitutional protection” against a particular sort of government behavior, “that Amendment, not the more generalized notion of ‘substantive due process,’ must be the guide for analyzing these claims”).

Foster’s remaining contentions are unpersuasive.

AFFIRMED.

***

This disposition is not appropriate for publication and is not precedent except as provid *722 ed by 9th Cir. R. 36-3.

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