Frederick Karl JOST, Plaintiff-Appellant, v. Jerry BROWN, Attorney General; et al., Defendants-Appellees, 470 F. App'x 686

MEMORANDUM Frederick Karl Jost, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging deliberate indifference to his serious medical needs. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a district court’s dismissal under 28 U.S.C. § 1915A for failure to state a claim, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000), and we affirm.

The district court properly dismissed the action because Jost failed to allege facts showing that defendants acted with deliberate indifference regarding the denial of his request for soft soled shoes. See Toguchi v. Chung, 391 F.3d 1051, 1058 (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 and safety). Jost’s remaining contentions are unpersuasive. AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.