Jorge Corona v. Robert Crabtree

MEMORANDUM

Jorge L. Corona, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging deliberate indifference to his safety and serious medical needs. 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 Corona’s action because Corona failed to allege facts sufficient to show that defendants were deliberately indifferent to his safety at work or to his leg burns. See Farmer v. Brennan, 511 U.S. 825, 837 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994) (a prison official is deliberately indifferent only if he or she “knows of and disregards an excessive risk to inmate health or safety”); Gibson v. County of Washoe, Nev., 290 F.3d 1175, 1188 (9th Cir.2002) (“If a person should have been aware of the risk, but was not, then the person has not violated the Eighth Amendment, no matter how severe the risk.”); see also Toguchi v. Chung, 391 F.3d 1051, 1058-60 (9th…