Cheldon Waggoner v. Marlene Coffey

645 F. App'x 557

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 23, 2016
• Docket: 15-16149
• Status: Unpublished

Opinion

MEMORANDUM **

Arizona state prisoner Cheldon Dewayne Waggoner appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that defendant violated his Eighth Amendment rights by denying his requests for protective custody. 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)(B)(ii)). We affirm.

The district court properly dismissed Waggoner’s action because Waggoner failed to allege facts sufficient to show that defendant knew of Waggoner’s alleged fear of an assault by other inmates. See Farmer v. Brennan, 511 U.S. 825, 837, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994) (“[A] prison official cannot be found liable under the Eighth Amendment ,.. unless the official knows of and disregards an excessive risk to inmatie ... safety[.]”); see also Hebbe v. Pliler, 627 F.3d 338, 341-42 (9th Cir.2010) (although pro se pleadings are to be liberally construed, a plaintiff must present factual allegations sufficient to state a plausible claim for relief).

AFFIRMED.

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