Anthony Perkins v. John Matthews

MEMORANDUM

California state prisoner Anthony Loren Perkins appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging Eighth Amendment violations in connection with a nine-day delay in receiving dental 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). Watison v. Carter, 668 F.3d 1108, 1112 (9th Cir.2012); Hamilton v. Brown, 630 F.3d 889, 892 (9th Cir.2011). We affirm.

The district court properly dismissed Perkins’s action because Perkins failed to allege facts showing that defendants knew of and disregarded an excessive risk of harm to his health. See Toguchi v. Chung, 391 F.3d 1051, 1057-58,1060 (9th Cir.2004) (deliberate indifference is a high legal standard, and is met only if the prison official knows of and disregards an excessive risk to the prisoner’s health; negligence and a mere difference in medical opinion are insufficient); see also Hebbe v. Pliler, 627 F.3d 338, 341-42 (9th Cir.2010) (though pro se pleadings are to be liberally construed, a plaintiff must still present factual allegations sufficient to state a plausible…