SHAKA, Plaintiff-Appellant, v. Charles L. RYAN, Director (Now Retired); et al., Defendants-Appellees.
Decided: November 02, 2020
Before: McKEOWN, RAWLINSON, and FRIEDLAND, Circuit Judges.
Shaka, Pro Se
Arizona state prisoner Shaka appeals pro se from the district court's judgment dismissing his 42 U.S.C. § 1983 action 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 for failure to state a claim. Wilhelm v. Rotman, 680 F.3d 1113, 1118 (9th Cir. 2012). We affirm.
The district court properly dismissed Shaka's action because Shaka failed to allege facts sufficient to show that defendants were deliberately indifferent to his right knee pain. See Hebbe v. Pliler, 627 F.3d 338, 341-42 (9th Cir. 2010) (although pro se pleadings are liberally construed, a plaintiff must allege facts sufficient to state a plausible claim); Toguchi v. Chung, 391 F.3d 1051, 1057-60 (9th Cir. 2004) (a prison official is deliberately indifferent only if he or she knows of and disregards an excessive risk to the prisoner's health; medical malpractice, negligence, or a difference of opinion concerning the course of treatment does not amount to deliberate indifference); see also Starr v. Baca, 652 F.3d 1202, 1207-08 (9th Cir. 2011) (requirements for establishing supervisory liability).
All pending motions are denied.
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