Elonza Tyler v. Dennis Smith

MEMORANDUM

Elonza Jesse Tyler, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging deliberate indifference to his medical needs. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for failure to state a claim under 28 U.S.C. §§ 1915A and 1915(e)(2). Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order). We affirm in part, reverse in part, and remand.

The district court properly dismissed Tyler’s claims against defendant Erly because Tyler failed to allege facts to show that Erly was deliberately indifferent to his medical needs. See Hebbe v. Pliler, 627 F.3d 338, 341-42 (9th Cir.2010) (standard to state claim for relief); see also Farmer v. Brennan, 511 U.S. 825, 837 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994) (a prison official must know of and disregard an excessive risk of harm to a prisoner’s health to be liable under the Eighth Amendment).

However, a review of the complaint indicates that Tyler had stated a claim for deliberate indifference against defendant Smith regarding the delays in orthopedic treatment of his…