Kareem Stansbury, Sr. v. United States Government

Good Law
444 F. App'x 940
United States Court of Appeals for the Ninth CircuitJuly 22, 201110-16231California313 words

Opinion

Opinion

MEMORANDUM

Federal prisoner Kareem Jabbar Stans-bury, Sr., appeals pro se from the district court’s judgment dismissing his action 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 violations of his Fifth and Eighth Amendment rights. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal for failure to state a claim under 28 U.S.C. §§ 1915A or 1915(e)(2)(B)(ii). 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 Stansbury’s Eighth Amendment claim because Stansbury failed to allege facts sufficient to state a claim for unconstitutional conditions of confinement. See Hearns v. Terhune, 413 F.3d 1036, 1042 (9th Cir.2005) (listing elements of conditions-of-confinement claim and explaining that the duration of the deprivation is relevant); Le-Maire v. Maass, 12 F.3d 1444, 1456 (9th Cir.1993) (“The Eighth Amendment requires only that prisoners receive food that is adequate to maintain health.... ”).

The district court properly dismissed…

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