Michael Green v. Hathaway

• Court: Court of Appeals for the Ninth Circuit
• Decided: April 25, 2019
• Docket: 18-16973
• Status: Unpublished

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 25 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

MICHAEL GREEN, AKA Kevin Dean No. 18-16973 Brewer, D.C. No. 2:17-cv-01598-MCE- Plaintiff-Appellant, CKD

v. MEMORANDUM* HATHAWAY; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the Eastern District of California Morrison C. England, Jr., District Judge, Presiding

Submitted April 17, 2019**

Before: McKEOWN, BYBEE, and OWENS, Circuit Judges.

California prisoner Michael Green, AKA Kevin Dean Brewer, 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. We have jurisdiction

under 28 U.S.C. § 1291. We review de novo a dismissal under 28 U.S.C. § 1915A.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Hamilton v. Brown, 630 F.3d 889, 892 (9th Cir. 2011). We affirm.

The district court properly dismissed Green’s action because Green failed to

allege facts sufficient to link defendants to any constitutional violation. See

Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (a plaintiff must allege facts that

“allow[] the court to draw the reasonable inference that the defendant is liable for

the misconduct alleged”).

AFFIRMED.

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