From Casetext: Smarter Legal Research

Wilhelm v. Woodford

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Aug 4, 2015
611 F. App'x 462 (9th Cir. 2015)

Opinion

No. 15-15276

08-04-2015

STEVEN HAIRL WILHELM, Plaintiff - Appellant, v. JEANNIE WOODFORD, Defendant - Appellee.


NOT FOR PUBLICATION

D.C. No. 1:12-cv-00386-AWI-SAB MEMORANDUM Appeal from the United States District Court for the Eastern District of California
Anthony W. Ishii, District Judge, Presiding
Before: CANBY, BEA, and MURGUIA, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

California state prisoner Steven Hairl Wilhelm appeals pro se from the district court's judgment dismissing his 42 U.S.C. § 1983 action alleging deliberate indifference to his health and safety due to his exposure to environmental tobacco smoke while housed in prison. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Hamilton v. Brown, 630 F.3d 889, 892 (9th Cir. 2011) (dismissal under 28 U.S.C. § 1915A); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order) (dismissal under 28 U.S.C. § 1915(e)(2)). We affirm.

The district court properly dismissed Wilhelm's action because Wilhelm failed to allege facts sufficient to show that defendant Woodford knew of and disregarded a substantial risk of serious harm to Wilhelm. 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[.]"); see also Hebbe v. Pliler, 627 F.3d 338, 341-42 (9th Cir. 2010) (although pro se pleadings are liberally construed, plaintiff must allege facts sufficient to state a plausible claim).

We do not consider matters not specifically and distinctly raised and argued in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009) (per curiam).

Wilhelm's motion for leave to file an amended complaint is denied.

AFFIRMED.


Summaries of

Wilhelm v. Woodford

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Aug 4, 2015
611 F. App'x 462 (9th Cir. 2015)
Case details for

Wilhelm v. Woodford

Case Details

Full title:STEVEN HAIRL WILHELM, Plaintiff - Appellant, v. JEANNIE WOODFORD…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Aug 4, 2015

Citations

611 F. App'x 462 (9th Cir. 2015)