Mark Shehata v. Matthew Cate

MEMORANDUM

Mark F. Shehata, a former California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that prison officials were deliberately indifferent to his medical needs. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under 28 U.S.C. § 1915 (e)(2). Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order). We affirm.

The district court properly dismissed Shehata’s claims against defendants Nguyen, Green and Conanan because Shehata failed to allege facts suggesting that they knew of and purposefully disregarded an excessive risk to his health. See Farmer v. Brennan, 511 U.S. 825, 837 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994); see also Toguchi v. Chung, 391 F.3d 1051, 1057-58, 1060 (9th Cir.2004) (deliberate indifference is a high legal standard; mistakes, negligence or malpractice do not rise to an Eighth Amendment violation, nor does a difference of opinion about the preferred course of treatment).

The district court properly dismissed Shehata’s claims against defendants Cate, Poulos, Hartley, Farooq and Chapnick because Shehata failed to allege that they were personally…