Kenneth Knanishu v. John McGinness

MEMORANDUM

California state prisoner Kenneth Knan-ishu appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that, while he was incarcerated in the Sacramento County Main Jail, defendants violated his constitutional rights by failing to protect him from, and delaying medical treatment after, an attack by another inmate. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal for failure to state a claim under 28 U.S.C. § 1915A, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2007), and we affirm.

After giving Knanishu specific notice of the deficiencies in his complaints and multiple opportunities to amend, the district court properly dismissed the claims against Jacoby because the allegations in the complaint did not “plausibly suggest an entitlement to relief.” Ashcroft v. Iqbal, 556 U.S. 662, 681 , 129 S.Ct. 1937 , 173 L.Ed.2d 868 (2009); see also Farmer v. Brennan, 511 U.S. 825, 834 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994) (to state a claim for deliberate indifference, “the official must both be aware of facts from which the inference could be drawn that a substantial risk of serious harm…