Devonne Michael LEE, Plaintiff-Appellant, v. Jesus FERNANDEZ, M.D., Defendant-Appellee, 488 F. App'x 272

MEMORANDUM Federal prisoner Devonne Michael Lee appeals pro se from the district court’s judgment dismissing his action brought under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), alleging deliberate indifference to his serious medical needs. 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 Lee’s action because Lee failed to allege facts in his sixth amended complaint sufficient to demonstrate that defendant’s actions manifested deliberate indifference. See Toguchi v. Chung, 391 F.3d 1051, 1058, 1060 (9th Cir.2004) (prison officials act with deliberate indifference only if they know of and disregard an excessive risk to a prisoner’s health, and a showing of medical malpractice or negligence is insufficient to establish an Eighth Amendment violation). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir.

R. 36-3.