Galen Houser v. Caron Grant-Ellis

MEMORANDUM

Arizona state prisoner Galen Lloyd Houser appeals pro se from the district court’s dismissal order and summary judgment in his 42 U.S.C. § 1983 action alleging deliberate indifference to his serious medical needs. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under 28 U.S.C. § 1915A for failure to state a claim, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000), and the entry of summary judgment, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004). We affirm.

The district court properly dismissed defendant Baird because Houser’s allegations predicate liability solely upon Baird’s supervisory status. See Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order) (“Liability under § 1983 must be based on the personal involvement of the defendant.”).

The district court properly dismissed defendant McMorran because Houser failed to allege facts showing that McMorran knew of and disregarded an excessive risk to his health or that McMorran’s alleged failure to act was anything more than negligence. See Toguchi, 391 F.3d at 1058-59 (a prison official acts with deliberate indifference only if he or she knows of and disregards an…