Clarence Dews v. Edmund Brown

MEMORANDUM

California state prisoner Clarence Leon Dews appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging Eighth and Fourteenth Amendment violations in connection with his transfer and subsequent denial of surgery. 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 Dews’s Eighth Amendment claim because Dews failed to allege facts showing that defendants knew that Dews faced substantial risk of serious harm to his health and disregarded that risk by failing to take reasonable measures to abate it. See Farmer v. Brennan, 511 U.S. 825, 834 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994) (elements of an Eighth Amendment claim).

The district court properly dismissed Dews’s Fourteenth Amendment claims because Dews failed to allege facts showing that defendants deprived him of a recognized property or liberty interest, see Bd. of Regents v. Roth, 408 U.S. 564, 569-71 , 92 S.Ct. 2701 ,…