FILED
MAR 25 2011
NOT FOR PUBLICATION
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SERAFIN REYES, JR., No. 09-17717
Plaintiff - Appellant, D.C. No. 2:09-cv-02020-SMM-
DKD
v.
CHARLES L. RYAN; et al., MEMORANDUM *
Defendants - Appellees.
Appeal from the United States District Court
for the District of Arizona
Stephen M. McNamee, District Judge, Presiding
Submitted March 8, 2011 **
Before: FARRIS, O’SCANNLAIN, and BYBEE, Circuit Judges.
Serafin Reyes, Jr., an Arizona state prisoner, appeals pro se from the district
court’s judgment dismissing his 42 U.S.C. §1983 action alleging that defendants
were deliberately indifferent to his medical needs by discontinuing a special
*
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).
diabetic diet. 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 may affirm the judgment on any ground supported by the record.
Trimble v. City of Santa Rosa, 49 F.3d 583, 584 (9th Cir. 1995) (per curiam). We
affirm.
Dismissal of the deliberate indifference claim was proper because Reyes
failed to allege that defendants knew of and disregarded an excessive risk of harm
to his health. See Farmer v. Brennan, 511 U.S. 825, 837 (1994).
The district court properly dismissed the Americans with Disabilities Act
claim because Reyes failed to allege that prison officials discriminated against him
or denied him the benefits of a program, service or activity on the basis of his
diabetes. See Duffy v. Riveland, 98 F.3d 447, 455 (9th Cir. 1996).
Reyes’s remaining contentions are unpersuasive.
AFFIRMED.
2 09-17717