Legrante Ellis v. James Tilton

MEMORANDUM

California state prisoner LeGrante V. Ellis appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that defendants were deliberately indifferent to his serious medical condition. 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. Hayes, 213 F.3d 443, 447 (9th Cir.2000), and for an abuse of discretion the denial of leave to amend, Chodos v. West Publ’g Co., 292 F.3d 992, 1003 (9th Cir.2002). We affirm.

The district court properly dismissed Ellis’s action because Ellis failed to allege facts in his first amended complaint showing that defendants acted with deliberate indifference. 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.”).

The district court did not abuse its discretion by dismissing without leave to amend after providing Ellis with one opportunity to amend and concluding that further amendment would be futile. See Cato v. United States, 70 F.3d…