Jose Pineda v. A. Enenmoh

MEMORANDUM

California state prisoner Jose Pineda appeals pro se from the district court’s judg ment dismissing his 42 U.S.C. § 1983 action alleging Eighth Amendment violations in connection with injuries he sustained during a fall. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under 28 U.S.C. § 1915A. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000). We affirm.

The district court properly dismissed Pineda’s claims because Pineda failed to allege facts demonstrating that defendants knew of and disregarded an excessive risk to his health. See Toguchi v. Chung, 391 F.3d 1051, 1058 (9th Cir.2004) (prison officials act with deliberate indifference only if they know of and disregard an excessive risk to a prisoner’s health, and a difference of opinion concerning the appropriate course of treatment does not amount to deliberate indifference); Ortez v. Washington Cnty., Or., 88 F.3d 804, 809 (9th Cir.1996) (dismissal of claims was proper where plaintiff failed to allege that “defendants knew of or participated in activities connected to the alleged § 1983 violations”); Taylor v. List, 880 F.2d 1040, 1045 (9th Cir.1989) (a supervisor can be liable for…