Lomako

MEMORANDUM **

California state prisoner Justin Lomako appeals pro se from the district court’s order dismissing his 42 U.S.C. § 1983 action challenging conditions of his confinement. 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 affirm.

The district court properly dismissed Lomako’s deliberate indifference claim against defendant Diaz. See Hunt v. Dental Dep’t, 865 F.2d 198, 200 (9th Cir. 1989) (explaining that prisoners can establish an Eighth Amendment violation with respect to dental care if they can prove there has been deliberate indifference to their serious dental needs). Pursuant to prison policy, Diaz refused to allow Loma-ko to possess dental appliances during his incarceration in the security housing unit. Lomako did not allege that loss of the appliances caused him pain or damaged his teeth, or that Diaz was aware of any such pain or damage yet failed to take responsive action. Lomako therefore failed to state a claim.

The district court properly dismissed Lomako’s deliberate indifference claim that officials sent his…