Andre Drew v. Craig Apker

MEMORANDUM

Federal prisoner Andre Drew appeals pro se from the district court’s judgment following a bench trial in his action under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 , 91 S.Ct. 1999 , 29 L.Ed.2d 619 (1971), alleging deliberate indifference to his serious medical needs. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s conclusions of law and for clear error its findings of fact. Milicevic v. Fletcher Jones Imports, Ltd., 402 F.3d 912, 915 (9th Cir.2005). We affirm.

After reviewing the record, we cannot say that the district court clearly erred by concluding that the evidence was insufficient to establish that Drew’s gastritis and other gastrointestinal ailments were serious medical conditions. See Fed.R.Civ.P. 52(a)(6) (“Findings of fact ... must not be set aside unless clearly erroneous, and the reviewing court must give due regard to the trial court’s opportunity to judge the witnesses’ credibility.”); Anderson v. Bessemer City, 470 U.S. 564, 573-74 , 105 S.Ct. 1504 , 84 L.Ed.2d 518 (1985) (“If the district court’s account of the evidence is plausible in light of the record viewed in its entirety,…