William Hunter v. A. Gomez

MEMORANDUM

California state prisoner William L. Hunter appeals pro se from the district court’s judgment in 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 for failure to state a claim under 28 U.S.C. §§ 1915A and 1915(e)(2). Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order). We affirm.

The district court properly dismissed Hunter’s claims against defendant Gomez because Hunter failed to allege any facts in his operative amended complaint demonstrating that Gomez knew of and consciously disregarded Hunter’s serious medical needs when she injected him with the wrong kind and amount of insulin. See Toguchi v. Chung, 391 F.3d 1051, 1060 (9th Cir.2004) (“Deliberate indifference is a high legal standard. A showing of medical malpractice or negligence is insufficient to establish a constitutional deprivation under the Eighth Amendment.”). A complaint must contain enough facts to “state a claim to relief that is plausible on its face.” Ashcroft v. Iqbal, 556 U.S. 662, 678 , 129 S.Ct. 1937 , 173 L.Ed.2d…