Mills

MEMORANDUM ***

Junior Walker Mills, a Nevada state prisoner, appeals pro se the district court’s judgment dismissing for failure to state a claim his 42 U.S.C. § 1983 action alleging that the prison allowed other prisoners to withdraw money from his prison account by fraud and/or forgery. We have juris *343 diction pursuant to 28 U.S.C. § 1291 . We review de novo a dismissal pursuant to 28 U.S.C. § 1915 (e). Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998). We affirm.

The district court properly found that Mills’s complaint was most appropriately considered as a second amended complaint in a previously filed case against the same defendants (CV-N-01-0476-DWH(VPC)) and that the complaint did not cure the defects in Mills’s prior complaints. Consequently, the district court properly dismissed Mills’s complaint for failure to state a claim. See Farmer v. Brennan, 511 U.S. 825, 834 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994) (holding that to show an Eighth Amendment violation, a prisoner must show that prison officials had a “sufficiently culpable state of mind”) (citations omitted); Brower v. County of Inyo, 489 U.S. 593, 596 , 109 S.Ct. 1378 , 103 L.Ed.2d 628 (1989) (holding…