John Douglas Hunter v. RON DAVIS, Warden;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOHN DOUGLAS HUNTER,
Plaintiff-Appellant,
v.
RON DAVIS, Warden; et al.,
Defendants-Appellees.
No. 17-15536
D.C. No. 3:16-cv-03657-JST
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
Jon S. Tigar, District Judge, Presiding
Submitted October 23, 2017**
Before: LEAVY, WATFORD, and FRIEDLAND, Circuit Judges.
John Douglas Hunter, a California state prisoner, appeals pro se from the
district court judgment dismissing his 42 U.S.C. § 1983 action alleging unlawful
conditions of confinement. We have jurisdiction under 28 U.S.C. § 1291. We
review de novo. Wilhelm v. Rotman, 680 F.3d 1113, 1118 (2012). We affirm.
* 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
NOV 1 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 17-15536
The district court properly dismissed Hunter’s action because Hunter failed
to allege facts sufficient to show that any defendant knew of and disregarded an
excessive risk to his health. 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 the prisoner’s health; mere negligence
is insufficient to establish deliberate indifference).
We reject as unsupported by the record Hunter’s contention that the district
judge was biased against him.
AFFIRMED.

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