James Green v. Romeo Aranas

MEMORANDUM

Nevada state prisoner James Henry Green appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging various constitutional violations. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s dismissal under 28 U.S.C. § 1915A for failure to state a claim, Weilburg v. Shapiro, 488 F.3d 1202, 1205 (9th Cir.2007), and for an abuse of discretion the district court’s dismissal of a complaint without leave to amend, Lopez v. Smith, 203 F.3d 1122, 1130 (9th Cir.2000) (en banc). We vacate and remand.

The district court dismissed Green’s original complaint, which it construed as raising only an Eighth Amendment deliberate indifference claim, without first providing him with notice of the deficiencies and an opportunity to amend with the benefit of that notice. The district court did not address Green’s retaliation and procedural due process claims relating to the discontinuation of medical treatment of his ichthyosis. Accordingly, we vacate the judgment and remand to the district court with instructions to address the retaliation and procedural due process claims and to provide Green with an opportunity to amend…