Noel Rodriguez v. ISAAC, Counselor at Corcoran State Prison - SHU

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
NOEL RODRIGUEZ,
Plaintiff-Appellant,
v.
ISAAC, Counselor at Corcoran State Prison
- SHU,
Defendant-Appellee.
No. 16-15705
D.C. No. 1:11-cv-01914-AWI-EPG
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Anthony W. Ishii, District Judge, Presiding
Submitted April 11, 2017**
Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges.
Noel Rodriguez, 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. § 1915(e)(2)(B)(ii). Watison v.
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
APR 25 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 16-15705
Carter, 668 F.3d 1108, 1112 (9th Cir. 2012). We affirm.
The district court properly dismissed Rodriguez’s action because Rodriguez
failed to allege facts sufficient to show that defendant caused the alleged
constitutional deprivation. See Farmer v. Brennan, 511 U.S. 825, 837 (1994) (to
violate the Eighth Amendment, a prison official must know of and disregard an
excessive risk to inmate safety); Harper v. City of Los Angeles, 533 F.3d 1010,
1026 (9th Cir. 2008) (in a § 1983 action, the plaintiff must demonstrate that the
defendant’s conduct caused the claimed injury by establishing both causation-in-
fact and proximate causation).
We do not consider arguments and allegations raised for the first time on
appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
AFFIRMED.

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