Opinion
No. 17-15536
11-01-2017
JOHN DOUGLAS HUNTER, Plaintiff-Appellant, v. RON DAVIS, Warden; et al., Defendants-Appellees.
NOT FOR PUBLICATION
D.C. No. 3:16-cv-03657-JST MEMORANDUM Appeal from the United States District Court for the Northern District of California
Jon S. Tigar, District Judge, Presiding Before: LEAVY, WATFORD, and FRIEDLAND, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
John Douglas Hunter, a California state prisoner, appeals pro se from the district court judgment dismissing his 42 U.S.C. § 1983 action alleging unlawful conditions of confinement. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Wilhelm v. Rotman, 680 F.3d 1113, 1118 (2012). We affirm.
The district court properly dismissed Hunter's action because Hunter failed to allege facts sufficient to show that any defendant knew of and disregarded an excessive risk to his health. See Toguchi v. Chung, 391 F.3d 1051, 1057-58 (9th Cir. 2004) (a prison official acts with deliberate indifference only if he or she knows of and disregards an excessive risk to the prisoner's health; mere negligence is insufficient to establish deliberate indifference).
We reject as unsupported by the record Hunter's contention that the district judge was biased against him.
AFFIRMED.