Armando Aceves v. G. Jaime
Armando Aceves v. G. Jaime
Opinion
NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 12 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ARMANDO ABREU ACEVES, AKA No. 18-15392 Armando Abreu, D.C. No. 1:16-cv-00715-DAD- Plaintiff-Appellant, BAM v. MEMORANDUM* G. JAIME, Associate Warden at Kern Valley State Prison; et al., Defendants-Appellees.
Appeal from the United States District Court for the Eastern District of California Dale A. Drozd, District Judge, Presiding Submitted July 10, 2018** Before: CANBY, W. FLETCHER, and CALLAHAN, Circuit Judges.
California state prisoner Armando Abreu Aceves, aka Armando Abreu, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging retaliation and deliberate indifference to his safety. We have
* 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). jurisdiction under 28 U.S.C. § 1291. We review de novo. Watison v. Carter, 668 F.3d 1108, 1112 (9th Cir. 2012) (dismissal for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii)); Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000) (dismissal for failure to state a claim under 28 U.S.C. § 1915A). We affirm.
The district court properly dismissed Abreu’s Eighth Amendment deliberate indifference claim because Abreu failed to allege facts sufficient to show that defendants acted with deliberate indifference to a substantial risk of serious harm to his safety. See Farmer v. Brennan, 511 U.S. 825, 837 (1994) (a prison official is deliberately indifferent only if he “knows of and disregards an excessive risk to inmate . . . safety”).
The district court properly dismissed Abreu’s First Amendment retaliation claim because Abreu failed to allege facts sufficient to show a causal connection between his protected conduct and the adverse action. See Watison, 668 F.3d at 1114 (elements of First Amendment retaliation claim in prison context).
AFFIRMED.
2 18-15392
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