Darryl Dunsmore v. San Diego County Sheriff's Dep

MEMORANDUM

California state prisoner Darryl Lee Dunsmore appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging constitutional violations. 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 Dunsmore’s deliberate indifference claims because Dunsmore failed to allege facts in his second amended complaint sufficient to demonstrate that defendants’ allegedly routine delays in providing him with his prescribed arthritis medication manifested deliberate indifference. See Toguchi v. Chung, 391 F.3d 1051, 1058, 1060 (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 showing of medical malpractice or negligence is insufficient to establish an Eighth Amendment violation).

The district court properly dismissed Dunsmore’s retaliation claims because Dunsmore failed to allege sufficient facts to connect alleged acts of retaliation with the exercise of his First Amendment rights. See Rhodes v. Robinson,…