Meadows
Meadows v. California Department of Corrections
Opinion
Lead Opinion
MEMORANDUM **
Willie R. Meadows, a California state prisoner, appeals pro se the district court’s dismissal of his 42 U.S.C. § 1983 action alleging that various prison officials violated his civil rights. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo dismissals for failure to state a claim, Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order), and we review for abuse of discretion dismissals without granting leave to amend, Lopez v. Smith, 203 F.3d 1122, 1130 (9th Cir.2000) (en banc). We affirm in part, reverse in part, and remand for further proceedings.
The district court dismissed Meadows’ complaint for failure to state a claim pursuant to 28 U.S.C. §§ 1915 (e)(2) and 1915A(b). The district court correctly concluded that Meadows’ complaint failed to allege facts sufficient to state a claim that Correctional Officer J.L. Bernard used excessive force against him or that Dr. Abdollah Alavi was deliberately indifferent to his serious medical needs. However, the district court erred in dismissing Meadows’ complaint with prejudice with respect to Meadows’ claims against Bernard and Alavi without giving Meadows an opportunity to amend his…