Doe
Williams v. Doe
Opinion
Lead Opinion
MEMORANDUM **
Kenneth G. Williams appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging violations under the Eighth and Fourteenth Amendments. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s dismissal for failure to state a claim, Barnett v. Centoni, 31 F.3d 813, 816 (9th Cir.1994) (per cu-riam), its summary judgment, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004), and its dismissal for failure to exhaust, Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.2003), and review for clear error its factual determinations, id. We affirm in part, vacate in part, and remand.
The district court properly dismissed Williams’s conspiracy and equal protection claims against defendants Inland Cardiology and Nadar for failure to state a claim. See Ivey v. Bd. of Regents, 673 F.2d 266, 268 (9th Cir.1982) (“Vague and conclusory allegations of official participation in civil rights violations are not sufficient to withstand a motion to dismiss.”).
The district court properly granted summary judgment for Inland Cardiology and Nadar on Williams’s Eighth Amendment claims because Williams failed to raise a…