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Graham v. Harley

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUI T
Oct 17, 2012
486 F. App'x 659 (9th Cir. 2012)

Opinion

No. 11-17774 D.C. No. 1:10-cv-00265-BAM

10-17-2012

BEVIN GRAHAM, Sr., Plaintiff - Appellant, v. JAMES HARLEY, Warden; 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NOT FOR PUBLICATION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

Sandra M. Snyder, Magistrate Judge, Presiding

Graham consented to proceed before a magistrate judge. See 28 U.S.C. § 636(c).

Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.

Former California state prisoner Bevin Graham, Sr. appeals pro se from the district court's judgment dismissing his 42 U.S.C. § 1983 action alleging Eighth Amendment violations in connection with a fall he sustained when exiting a prison van. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under 28 U.S.C. § 1915A. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000). We affirm.

The district court properly dismissed Graham's action because Graham failed to allege facts demonstrating that defendants were deliberately indifferent when they did not offer Graham assistance when he exited the van. See Farmer v. Brennan, 511 U.S. 825, 837 (1994) ("[A] prison official cannot be found liable under the Eighth Amendment . . . unless the official knows of and disregards an excessive risk to inmate health or safety[.]"); see also id. at 835 ("[D]eliberate indifference describes a state of mind more blameworthy than negligence.").

AFFIRMED.


Summaries of

Graham v. Harley

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUI T
Oct 17, 2012
486 F. App'x 659 (9th Cir. 2012)
Case details for

Graham v. Harley

Case Details

Full title:BEVIN GRAHAM, Sr., Plaintiff - Appellant, v. JAMES HARLEY, Warden; et al.…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUI T

Date published: Oct 17, 2012

Citations

486 F. App'x 659 (9th Cir. 2012)