Gonzalo Valdovinos-Blanco v. Neil Adler

MEMORANDUM

Gonzalo Valdovinos-Blanco appeals pro se the district court’s judgment dismissing, pursuant to 28 U.S.C. § 1915 (e)(2)(B), his action alleging deliberate indifference to his medical needs and violation of his Eight Amendment rights. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Because Valdovinos-Blanco alleged wrongdoing at a federal prison rather than wrongdoing by persons acting under color of state law, the magistrate judge properly characterized Valdovinos-Blanco’s claims as an action under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 408 U.S. 388 , 91 S.Ct. 1999 , 29 L.Ed.2d 619 (1971), not an action under 42 U.S.C. § 1983 . See Daly-Murphy v. Winston, 837 F.2d 348, 355 (9th Cir.1987); see also Hartman v. Moore, 547 U.S. 250 , 255 n. 2, 126 S.Ct. 1695 , 164 L.Ed.2d 441 (2006); Starr v. Baca, 652 F.3d 1202, 1206 (9th Cir.2011).

Valdovinos-Blanco contends that the magistrate judge erred by dismissing his action without granting leave to amend. He was imprisoned at a privately operated federal prison. A Bivens action alleging improper medical care may not be pursued against any of the defendants in this action. See Minneci v.…