Edward Thaves v. Moorehead;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
EDWARD THAVES,
Plaintiff - Appellant,
v.
MOOREHEAD; et al.,
Defendants - Appellees.
No. 14-16745
D.C. No. 1:12-cv-01896-LJO-DLB
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Lawrence J. O’Neill, District Judge, Presiding
Submitted April 13, 2016**
Before: FARRIS, TALLMAN, and BYBEE, Circuit Judges.
Edward Thaves appeals pro se from the district court’s judgment dismissing
his action under Bivens v. Six Unknown Named Agents of Federal Bureau of
Narcotics, 403 U.S. 388 (1971), alleging deliberate indifference to his serious
medical needs arising out of events that occurred while he was in federal custody.
FILED
APR 19 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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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 Thaves’s action because Thaves failed
to allege facts sufficient to show that any defendant was deliberately indifferent in
treating his eye condition. See Toguchi v. Chung, 391 F.3d 1051, 1057-58 (9th
Cir. 2004) (a prison official acts with deliberate indifference only if he or she
knows of and disregards an excessive risk to a prisoner’s health; negligence in
treating a medical condition, without more, is insufficient); see also Van Strum v.
Lawn, 940 F.2d 406, 409 (9th Cir. 1991) (Bivens actions are identical to actions
under 42 U.S.C. § 1983 “save for the replacement of a state actor under § 1983 by
a federal actor under Bivens”).
AFFIRMED.
14-16745 2

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