Arisman

Arisman v. Woodford

Good Law
332 F. App'x 429
United States Court of Appeals for the Ninth CircuitAugust 31, 2009No. 08-15764California346 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner David W. Aris-man appeals pro se from the district *430 court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that prison officials violated his constitutional rights by serving him a diet inadequate to maintain health. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for failure to state a claim under 28 U.S.C. § 1915A. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000). We review for abuse of discretion a district court’s decision whether to appoint counsel. Agyeman v. Corrs. Corp. of Am., 390 F.3d 1101 , 1102 (9th Cir.2004). We affirm.

The district court properly dismissed Arisman’s complaint because it failed to specify how any individual defendant was aware of, yet disregarded, the alleged insufficiency of the prison food. See Farmer v. Brennan, 511 U.S. 825, 837 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994) (a prison official may be held liable for unconstitutional conditions of confinement only if the official knew of and disregarded an excessive risk to inmate health or safety).

The district court did not abuse its discretion in denying Arisman’s request for appointment of counsel because Arisman…

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