Edward Ray, Jr. v. Greg Schoo

MEMORANDUM

Edward Vincent Ray, Jr., appeals pro se from the district court’s judgment dismiss ing his 42 U.S.C. § 1983 action alleging various constitutional violations in connection with his housing as a layover inmate at the California Institute for Men. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Hebbe v. Pliler, 627 F.3d 338, 341 (9th Cir.2010) (dismissal under Fed.R.Civ.P. 12(b)(6)). We affirm.

The district court properly dismissed Ray’s Eighth Amendment claims because Ray failed to allege facts sufficient to show that defendant disregarded a substantial risk of serious harm to Ray when he was temporarily housed outside, or in a holding cell. See Graves v. Arpaio, 623 F.3d 1043, 1049 (9th Cir.2010) (per curiam) (Eighth Amendment guarantees only adequate heat, not a comfortable temperature; “[o]ne measure of an inadequate, as opposed to merely uncomfortable, temperature is that it poses a substantial risk of serious harm” (citations and internal quotation marks omitted)); Hoptowit v. Ray, 682 F.2d 1237, 1258 (9th Cir.1982), abrogated on other grounds by Sandin v. Conner, 515 U.S. 472 , 115 S.Ct. 2293 , 132 L.Ed.2d 418 (1995) (court may consider the…