Nathan Smith v. H.A. Rios, Jr.

MEMORANDUM

Federal prisoner Nathan Smith appeals pro se from the district court’s judgment dismissing his action brought under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 , 91 S.Ct. 1999 , 29 L.Ed.2d 619 (1971), alleging that defendant Rios violated his First and Eighth Amendment rights. 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 and 1915(e)(2). Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order). We affirm.

The district court properly dismissed Smith’s action because Smith failed to allege that defendant personally participated in the alleged constitutional violations. See Ashcroft v. Iqbal, 556 U.S. 662, 676 , 129 S.Ct. 1937 , 173 L.Ed.2d 868 (2009) (“[0]fficials may not be held liable for the unconstitutional conduct of their subordinates under a theory of respondeat superior.”); Hydrick v. Hunter, 669 F.3d 937, 942 (9th Cir.2012) (“Even under a deliberate indifference theory of individual liability, the Plaintiffs must still allege sufficient facts to plausibly establish the defendant’s…