Zamora

Michael Waters v. Zamora

Good Law
481 F. App'x 359
United States Court of Appeals for the Ninth CircuitSeptember 21, 201211-16979California261 words

Opinion

Opinion

MEMORANDUM

Michael Lynn Waters, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that defendant Zamora violated his Eighth Amendment rights by determining that Waters could be double-celled. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under 28 U.S.C. §§ 1915A and 1915(e)(2). Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order). We affirm.

The district court properly dismissed Waters’s action because Waters failed to allege facts sufficient to show that Zamora knew of and disregarded a substantial risk of serious harm to his safety, or deprived him of the “minimal civilized measure of life’s necessities.” Farmer v. Brennan, 511 U.S. 825, 834, 837 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994) (citation and internal quotation marks omitted) (“[A] prison official cannot be found liable under the Eighth Amendment for denying an inmate humane conditions of confinement unless the official knows of and disregards an excessive risk to inmate health or safety; the official must both be aware of facts from which the…

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