Devonne Michael Lee v. Jesus Fernandez, M.d.

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DEVONNE MICHAEL LEE,
Plaintiff - Appellant,
v.
JESUS FERNANDEZ, M.D.,
Defendant - Appellee.
No. 11-55871
D.C. No. 5:09-cv-02161-MMM-
PLA
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Margaret M. Morrow, District Judge, Presiding
Submitted November 13, 2012**
Before: CANBY, TROTT, and W. FLETCHER, Circuit Judges.
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 (1971), alleging
FILED
NOV 27 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-55871 2
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.

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