Wood

Williams v. Wood

Good Law
223 F. App'x 670
United States Court of Appeals for the Ninth CircuitMarch 1, 2007No. 06-55052California565 words

Opinion

Lead Opinion

MEMORANDUM **

Jeffrey Allen Williams, a California state prisoner, appeals pro se from the district court’s judgment dismissing for failure to state a claim, his 42 U.S.C. § 1983 action alleging that prison officials denied him a prison transfer, were deliberately indifferent to his safety and medical needs, and retaliated against him. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Zimmerman v. City of Oakland, 255 F.3d 734, 737 (9th Cir.2001), and we affirm.

The district court properly dismissed Williams’ damages claim for failing to transfer him to the California Medical Facility Category B Special Housing Unit in Vacaville (“CMF”) because Williams has no right to incarceration in a prison of his choice. See Olim v. Wakinekona, 461 U.S. 238, 245 , 103 S.Ct. 1741 , 75 L.Ed.2d 813 (1983).

The district court properly dismissed Williams’ claim that defendants were deliberately indifferent to his safety because Williams did not allege that he has been assaulted or threatened with an assault by other prisoners at the Los Angeles County State Prison in Lancaster, and his speculative and generalized fears of harm at the hands of other prisoners do not rise to a…

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