Larry D. JONES, Plaintiff-Appellant, v. Jayanta CHOUDHURY, M.D.; et. al., Defendants-Appellees, 475 F. App'x 168

MEMORANDUM California state prisoner Larry D. Jones appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging constitutional violations in connection with injuries he sustained during stomach surgery. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under 28 U.S.C. § 1915A. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000). We affirm.

The district court properly dismissed Jones’s claim of deliberate indifference to his serious medical needs because the complaint failed to allege facts suggesting that the defendants acted with deliberate indifference. See Toguchi v. Chung, 391 F.3d 1051, 1058 (9th Cir.2004) (prison officials act with deliberate indifference only if they know of and disregard an excessive risk to a prisoner’s health); see also Estelle v. Gamble, 429 U.S. 97, 106, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976) (“Medical malpractice does not become a constitutional violation merely because the victim is a prisoner.”).

Jones’s motion for default judgment is denied. Jones’s remaining contentions are unavailing. AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.