Dewayne Thompson v. J. Depond

MEMORANDUM

DeWayne Thompson, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging an Eighth Amendment violation. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000) (dismissal under 28 U.S.C. § 1915A); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order) (dismissal under 28 U.S.C. § 1915 (e)(2)). We affirm.

The district court properly dismissed Thompson’s action because Thompson failed to allege facts sufficient to show that he suffered extreme deprivations constituting an Eighth Amendment violation. See Hudson v. McMillian, 503 U.S. 1, 9 , 112 S.Ct. 995 , 117 L.Ed.2d 156 (1992) (“[Extreme deprivations are required to make out a conditions-of-eonfinement claim.”); Johnson v. Lewis, 217 F.3d 726, 731-32 (9th Cir.2000) (to determine whether a constitutional violation has occurred, the circumstances, nature, and duration of a deprivation must be considered; more modest deprivations must be lengthy or ongoing).

We reject Thompson’s contention that the district court erroneously failed to address the subjective component of the alleged…