Mozzer
Mozzer v. Prison Health Svc.
Opinion
Lead Opinion
MEMORANDUM **
Robert Mozzer, a Nevada state prisoner, appeals pro se the district court’s orders *787 dismissing his 42 U.S.C. § 1983 action for failure to state a claim for relief and failure to identify and serve the unnamed defendants. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the dismissal for failure to state a claim under 28 U.S.C. § 1915A. See Weilburg v. Shapiro, 488 F.3d 1202, 1205 (9th Cir.2007). We review for abuse of discretion a dismissal for failure to comply with service of process requirements under Fed.R.Civ.P. 4. See In re Sheehan, 253 F.3d 507, 511 (9th Cir.2001). We affirm.
The district court properly dismissed the action against Dr. Patin because Mozzer did not allege facts showing that Dr. Patin acted with a sufficiently culpable state of mind in diagnosing and treating Mozzer’s condition. See Farmer v. Brennan, 511 U.S. 825, 834 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994) (holding that to show an Eighth Amendment violation, a prisoner must show that prison officials had a “sufficiently culpable state of mind”); see also Estelle v. Gamble, 429 U.S. 97, 105 , 97 5. Ct. 285, 50 L.Ed.2d 251 (1976) (holding that medical malpractice or…