GENTILE v. FEDERAL MARSHAL (2019)

MEMORANDUM **

Federal prisoner Raymond Arthur Gentile appeals pro se from the district court’s judgment dismissing his action brought under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), alleging deliberate indifference to his serious medical needs. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under 28 U.S.C. § 1915A. Wilhelm v. Rotman, 680 F.3d 1113, 1118 (9th Cir. 2012). We affirm.

The district court properly dismissed Gentile’s action because Gentile failed to allege facts sufficient to state a plausible deliberate indifference claim against a proper defendant. See FDIC v. Meyer, 510 U.S. 471, 472, 114 S.Ct. 996, 127 L.Ed.2d 308 (1994) (federal agencies are not proper defendants in a Bivens action).

The district court did not abuse its discretion by denying further leave to file an amended complaint because amendment would be futile. See Cervantes v. Countrywide Home Loans, Inc., 656 F.3d 1034, 1041 (9th Cir. 2011) (setting forth standard of review and explaining that district court may deny leave to amend where amendment would be futile).

AFFIRMED.