NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 25 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT LEANDRO LEONEL GONZALEZ, No. 20-16808

Plaintiff-Appellant, D.C. No. 2:19-cv-00338-KJM-DB v.

MEMORANDUM* C. VALENCIA, Correctional Sergeant; GOYTIA, Correctional Officer,

Defendants-Appellees.

Appeal from the United States District Court

for the Eastern District of California

Kimberly J. Mueller, District Judge, Presiding

Submitted August 17, 2022** Before: S.R. THOMAS, PAEZ, and LEE, Circuit Judges.

California state prisoner Leonardo Leonel Gonzalez appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging sexual assault by prison officials. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court’s dismissal under 28 U.S.C. § 1915A. Resnick v.

*

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). Hayes, 213 F.3d 443, 447 (9th Cir. 2000). We affirm.

The district court properly dismissed Gonzalez’s action because Gonzalez failed to allege facts sufficient to state a plausible claim. See Bearchild v. Cobban, 947 F.3d 1130, 1144-45 (9th Cir. 2020) (setting forth the elements for a claim of sexual assault by a correctional officer); Jordan v. Gardner, 986 F.2d 1521, 1525, 1526 (9th Cir. 1993) (en banc) (the Eighth Amendment prohibits “only the unnecessary and wanton infliction of pain”; “momentary discomfort caused by the search procedures” does not meet the “constitutional standard for a finding of pain” (citation and internal quotation marks omitted)); see also Hebbe v. Pliler, 627 F.3d 338, 341-42 (9th Cir. 2010) (although pro se pleadings are construed liberally, a plaintiff must allege facts sufficient to state a plausible claim).

AFFIRMED.

2 20-16808