JOHN HUNTER V. RON DAVIS, No. 17-15536 (9th Cir. 2017)
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FILED NOT FOR PUBLICATION NOV 1 2017 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT JOHN DOUGLAS HUNTER, Plaintiff-Appellant, U.S. COURT OF APPEALS No. 17-15536 D.C. No. 3:16-cv-03657-JST v. MEMORANDUM* RON DAVIS, Warden; et al., Defendants-Appellees. Appeal from the United States District Court for the Northern District of California Jon S. Tigar, District Judge, Presiding Submitted October 23, 2017** Before: LEAVY, WATFORD, and FRIEDLAND, Circuit Judges. 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. * 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). 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. 2 17-15536
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