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Andre Revis v. J. Wang
15-15325
| 9th Cir. | Nov 2, 2016
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*1 Before: LEAVY, GRABER, and CHRISTEN, Circuit Judges.

Andre L. Revis, 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 serious medical needs. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Hamilton v. Brown , 630 F.3d 889, 892 (9th Cir. *2 2011) (dismissal under 28 U.S.C. § 1915A); Barren v. Harrington , 152 F.3d 1193, 1194 (9th Cir. 1998) (order) (dismissal under § 1915(e)(2)(B)(ii)). We affirm.

The district court properly dismissed Revis’s action because Revis failed to allege facts sufficient to state a deliberate indifference claim. See Toguchi v. Chung , 391 F.3d 1051, 1057-60 (9th Cir. 2004) (a prison official acts with deliberate indifference only if he or she knows of and disregards an excessive risk to the prisoner’s health; negligence and a mere difference in medical opinion are insufficient to establish deliberate indifference); see also Nat’l Ass’n for the Advancement of Psychoanalysis v. Cal. Bd. of Psychology , 228 F.3d 1043, 1049 (9th Cir. 2000) (in determining whether the complaint states a claim for relief, “we may consider facts contained in documents attached to the complaint”).

AFFIRMED.

2 15-15325

[*] 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).

Case Details

Case Name: Andre Revis v. J. Wang
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Nov 2, 2016
Docket Number: 15-15325
Court Abbreviation: 9th Cir.
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