Summary
dismissing claims against "medical staff generally" where plaintiff failed to identify specific defendants
Summary of this case from Rossmann v. HarveyOpinion
No. 11-15995 D.C. No. 1:08-cv-00785-GSA
04-27-2012
GUADALUPE B. GUERRA, Plaintiff - Appellant, v. DERRAL G. ADAMS, Warden, Corcoran State Prison; et al., Defendants - Appellees.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the Eastern District of California
Gary S. Austin, Magistrate Judge, Presiding
Guerra consented to proceed before a magistrate judge. See 28 U.S.C. § 636(c).
Before: LEAVY, PAEZ, and BEA, Circuit Judges.
California state prisoner Guadalupe B. Guerra appeals pro se from the district court's judgment dismissing his action alleging deliberate indifference to his serious medical needs. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court's dismissal for failure to state a claim under 28 U.S.C. §§ 1915A or 1915(e)(2)(B)(ii). 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.
After giving Guerra specific notice of the deficiencies in his original complaint and leave to amend, the district court properly dismissed Guerra's action because the amended complaint contained the same deficiencies as the original complaint. See Arnold v. Int'l Bus. Machs. Corp., 637 F.2d 1350, 1355 (9th Cir. 1981) (to bring § 1983 claim, plaintiff must link each named defendant with some affirmative act or omission that demonstrates a violation of plaintiff's constitutional rights).
We do not consider allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009) (per curiam). These new allegations must be raised, if at all, in a separate action.
Guerra's remaining contentions are unpersuasive.
All pending motions are denied.
AFFIRMED.