Jason Harper v. Arnold Schwarzenegger

MEMORANDUM

Jason Scott Harper appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that prison officials failed to protect him from assault by his cellmates. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

The district court properly dismissed Harper’s action for failure to state a claim. See Wilhelm v. Rotman, 680 F.3d 1113, 1118 (9th Cir.2012) (explaining we review de novo an order dismissing a prisoner complaint under 28 U.S.C. § 1915A for failure to state a claim). The record demonstrates Harper failed to plead facts sufficient to sustain a plausible Eighth Amendment violation claim. See Lemire v. Cal. Dep’t of Corr. & Rehab., 726 F.3d 1062, 1074 (9th Cir.2013) (setting forth three-part inquiry into failure-to-protect claim). First, Harper failed to allege facts demonstrating he was “incarcerated under conditions posing a substantial risk of serious harm.” Id. at 1075 . Second, Harper failed to show that Defendants “kn[ew] of and disregard[ed] an' excessive risk to [Harper’s] health or safety.” Farmer v. Brennan, 511 U.S. 825, 837 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994). Additionally, Harper’s Due Process, rights were…