Moore

MEMORANDUM **

California state prisoner Dwain D. Moore appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action pursuant to 28 U.S.C. § 1915 (e), alleging that defendant violated his constitutional rights while supervising him at his prison job. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order), and we affirm.

The district court properly dismissed Moore’s retaliation claim because his job-related conflicts with defendant, centering around his work shift schedule, did not state a claim for retaliation. See Bruce v. Ylst, 351 F.3d 1283, 1288 (9th Cir.2003) (explaining that plaintiff must allege that he was retaliated against for exercising a constitutional right and that the retaliatory action did not advance a legitimate peno-logical goal).

The district court properly dismissed Moore’s Eighth Amendment claim because he failed to show how his job-related conflicts constituted a sufficiently serious deprivation or how the prison official acted with a sufficiently culpable state of mind. See Hearns v. Terhune, 413 F.3d 1036, 1042 (9th Cir.2005) (outlining elements of an…