Melvin Brummett, Jr. v. Robert Sillen

MEMORANDUM

California state prisoner Melvin Ray Brummett, Jr., appeals pro se from the district court’s judgment dismissing 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. Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir. 2003) (dismissal for failure to exhaust); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order) (dismissal for failure to state a claim under 28 U.S.C. § 1915 (e)(2)(B)(ii)). We affirm.

The district court properly dismissed Brummett’s claims against defendants McGuinness and Doe 2 because Brummett failed adequately to allege that those defendants intentionally delayed his access to pain medication or consciously disregarded the risk posed by such a delay. See Toguchi v. Chung, 391 F.3d 1051, 1057, 1060 (9th Cir.2004) (a prison official is deliberately indifferent only if he or she knows of and disregards an excessive risk to an inmate’s health and safety, and a showing of medical malpractice or negligence is insufficient to establish an Eighth Amendment violation); Taylor v. List, 880 F.2d 1040, 1045 (9th Cir.1989) (“Liability under [§ ] 1983…