John D. Lambertson v. G. D. Lewis;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOHN D. LAMBERTSON,
Plaintiff - Appellant,
v.
G. D. LEWIS; et al.,
Defendants - Appellees.
No. 14-16879
D.C. No. 3:12-cv-05122-JD
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
James Donato, District Judge, Presiding
Submitted April 13, 2016**
Before: FARRIS, TALLMAN, and BYBEE, Circuit Judges.
John D. Lambertson, a California state prisoner, appeals pro se from the
district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging deliberate
indifference to his safety. We have jurisdiction under 28 U.S.C. § 1291. We
review de novo a dismissal under 28 U.S.C. § 1915A. Wilhelm v. Rotman, 680
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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F.3d 1113, 1118 (9th Cir. 2012). We reverse and remand.
Lambertson alleged that Doe correctional officers were aware of the threat
posed by general population inmates yet failed to take reasonable measures to
protect Lambertson from an assault while he was being escorted back from the law
library. See Cortez v. Skol, 776 F.3d 1046, 1050 (9th Cir. 2015) (setting forth
elements of a claim against prison officials for failure-to-protect inmates from
violence by other inmates). These allegations, liberally construed, were “sufficient
to warrant . . . an answer.” Wilhelm, 680 F.3d at 1116. Accordingly, we reverse
the district court’s judgment as to the failure-to-protect claim against the Doe
defendants, and remand for further proceedings.
We reject as unsupported by the record Lambertson’s contention that he was
denied access to the courts.
Because Lambertson did not reallege his claims against defendant Lewis in
the operative complaint, we do not consider Lambertson’s claims against Lewis.
Lambertson’s requests for a subpoena to compel all medical and custody
records, and for the appointment of counsel, are denied.
REVERSED and REMANDED.
14-16879 2

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