Andrew Avila v. Michael Felder

FILED

NOT FOR PUBLICATION

NOV 29 2024

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ANDREW AVILA, No. 22-15791

Plaintiff-Appellant, D.C. No. 1:21-cv-01510-JLT-BAM

v.

MEMORANDUM*

MICHAEL A. FELDER, C.E.O. CCHS at Kern Valley State Prison; CALIFORNIA

CORRECTIONAL HEALTH CARE

SERVICES,

Defendants-Appellees.

Appeal from the United States District Court for the Eastern District of California Jennifer L. Thurston, District Judge, Presiding

Argued and Submitted November 7, 2024 Pasadena, California

Before: W. FLETCHER, CALLAHAN, and DE ALBA, Circuit Judges.

Plaintiff-Appellant Andrew Avila is a prisoner in Kern Valley State Prison

(“KVSP”) who experienced significant medical problems with his right eye.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Proceeding pro se, Avila sued Defendant-Appellee Michael Felder, then-CEO of

KVSP, alleging deliberate indifference to a serious medical need under the Eighth

Amendment. After a single opportunity to amend, the district court…