Steven Hairl WILHELM, Plaintiff-Appellant, v. Jeannie WOODFORD, Defendant-Appellee, 611 F. App'x 462

MEMORANDUM California state prisoner Steven Hairl Wilhelm appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging deliberate indifference to his health and safety due to his exposure to environmental tobacco smoke' while housed in prison. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Hamilton v. Brown, 630 F.3d 889, 892 (9th Cir.2011) (dismissal under 28 U.S.C. § 1915A); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order) (dismissal under 28 U.S.C. § 1915(e)(2)). We affirm.

The district court properly dismissed Wilhelm’s action because Wilhelm failed to allege facts sufficient to show that defendant Woodford knew of and disregarded a substantial risk of serious harm to Wilhelm. See Farmer v. Brennan, 511 U.S. 825, 837, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994) (“[A] prison official cannot be found liable under the Eighth Amendment ... unless the official knows of and disregards an excessive risk to inmate health[.]”); see also Hebbe v.

Pliler, 627 F.3d 338, 341-42 (9th Cir.2010) (although pro se pleadings are liberally construed, plaintiff must allege facts sufficient to state a plausible claim). We do not consider matters not specifically and distinctly raised and argued in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n. 2 (9th Cir.2009) (per curiam). Wilhelm’s motion for leave to file an amended complaint is denied. AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.