Rodnei Frazier v. Johnathan Akano

MEMORANDUM

California state prisoner Rodnei Frazier appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging deliberate indifference to his serious medical needs and retaliation against him for filing a federal action. 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 Frazier’s Eighth Amendment claim because Frazier failed to allege facts sufficient to show that defendants were deliberately indifferent to his alleged need for treatment. See Farmer v. Brennan, 511 U.S. 825, 837 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994) (“[A] prison official cannot be found liable under the Eighth Amendment for denying an inmate humane conditions of confinement unless the official knows of and disregards an excessive risk to inmate health[.]”); Hallett v. Morgan, 296 F.3d 732, 746 (9th Cir.2002) (delay of medical treatment does not constitute deliberate indifference unless delay led to further injury);…