Franklin

MEMORANDUM **

Plaintiff Theodrie Van Smith sued Defendants Craig Franklin and Jose Reyno-so, two California Department of Corrections (“CDC”) officials, under 42 U.S.C. § 1983 for deliberate indifference to his physical safety. Plaintiff alleged that Defendants failed to protect him from attacks in prison and in a state hospital after Plaintiff acted as an informant for Defendants. The district court granted Defendants’ motion for summary judgment. On de novo review, Buono v. Norton, 371 F.3d 543, 545 (9th Cir.2004), we affirm.

Plaintiff argues that Defendants were deliberately indifferent to his safety while imprisoned in the CDC system because they failed to maintain Plaintiff in the Protective Housing Unit at Corcoran State Prison or to transfer him to a federal prison. But Plaintiff himself requested his transfer out of the Protective Housing Unit, and he cites no authority (and we know of none) for the proposition that, as a CDC inmate, he had a right to transfer to federal prison. Moreover, while Plaintiff was in the CDC system, Defendants recommended transfers whenever Plaintiff raised safety concerns, and they successfully obtained those transfers.

Plaintiff also argues…