Peter Graves v. Karen Todd

MEMORANDUM

California state prisoner Peter Dale Graves appeals pro se from the district court’s judgment in his 42 U.S.C. § 1983 action alleging deliberate indifference to his serious medical needs. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for failure to state a claim under Fed.R.Civ.P. 12(b)(6), Hebbe v. Pliler, 627 F.3d 338, 341-42 (9th Cir.2010), and summary judgment, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004). We review for an abuse of discretion a district court’s evidentiary rulings. See United States v. W.R. Grace, 504 F.3d 745, 759 (9th Cir.2007). We affirm.

The district court properly dismissed Graves’s claims against Mallat because Graves failed to allege that Mallat consciously disregarded any serious medical needs concerning the treatment of Graves’s injured finger. See Hebbe, 627 F.3d at 341-42 (standard to state claim for relief); Toguchi 391 F.3d at 1060 (“Deliberate indifference is a high legal standard. A showing of medical malpractice or negligence is insufficient to establish a constitutional deprivation under the Eighth Amendment.”).

The district court properly granted summary judgment for the remaining defendants…