MARTIN WARE V. M. BITTER, No. 18-15178 (9th Cir. 2018)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED AUG 23 2018 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT MARTIN WARE, U.S. COURT OF APPEALS No. 18-15178 Plaintiff-Appellant, D.C. No. 1:16-cv-01302-DAD-SAB v. MEMORANDUM* M. BITTER, Warden; et al., Defendants-Appellees. Appeal from the United States District Court for the Eastern District of California Dale A. Drozd, District Judge, Presiding Submitted August 15, 2018** Before: FARRIS, BYBEE, and N.R. SMITH, Circuit Judges. California state prisoner Martin Ware appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging deliberate indifference to his safety. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Byrd v. Maricopa Cty. Bd. of Supervisors, 845 F.3d 919, 922 (9th Cir. 2017) * 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). (dismissal under 28 U.S.C. § 1915A); Watison v. Carter, 668 F.3d 1108, 1112 (9th Cir. 2012) (dismissal under 28 U.S.C. § 1915(e)(2)(B)(ii)). We affirm. The district court properly dismissed Ware’s action because Ware failed to allege facts sufficient to show that defendants were deliberately indifferent to his safety. See Farmer v. Brennan, 511 U.S. 825, 837 (1994) (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”); Labatad v. Corr. Corp. of Am., 714 F.3d 1155, 1160 (9th Cir. 2013) (discussing requirements for deliberate indifference to safety claim). AFFIRMED. 2 18-15178

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