Harter

MEMORANDUM **

Harold Harter, a Nevada state prisoner, appeals pro se the district court’s dismissal for failure to state a claim of his 42 U.S.C. § 1983 action alleging prison officials acted with deliberate indifference to his safety when they left him unsupervised in an unlocked room where he was attacked and severely beaten by other prisoners. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal under the screening provisions of the Prison Litigation Reform Act. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000). We affirm in part, vacate in part, and remand.

The district court properly dismissed Harter’s claims against the warden and associate warden in their individual capacities, because Harter failed to allege these defendants “directed, participated in, or had knowledge of any alleged misconduct on the part of’ the Doe defendants. See Taylor v. List, 880 F.2d 1040, 1045 (9th Cir.1989). The claims against these defendants in their official capacities were also properly dismissed because Harter made no allegations that the defendants acted pursuant to a policy or custom of constitutional deprivation. See Redman v. County of San…