Daniel Centeno-Castellanos v. United States

FILED NOT FOR PUBLICATION JUN 09 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT DANIEL CENTENO-CASTELLANOS, No. 10-15492 Plaintiff - Appellant, D.C. No. 4:09-cv-00573-DCB- PSOT v. UNITED STATES OF AMERICA; et al., MEMORANDUM * Defendants - Appellees. Appeal from the United States District Court for the District of Arizona David C. Bury, District Judge, Presiding Submitted May 24, 2011 ** Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges. Federal prisoner Daniel Centeno-Castellanos appeals pro se from the district court’s judgment dismissing his action under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), alleging violations of his Eighth Amendment rights. We have jurisdiction under 28 U.S.C. § 1291. We * 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). review de novo the district court’s dismissal pursuant to the screening provisions of 28 U.S.C. § 1915A. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000). We affirm. The district court properly dismissed the action because Centeno-Castellanos failed to allege any facts in his second amended complaint suggesting that any defendant knew of and disregarded an excessive risk to his safety. See Farmer v. Brennan, 511 U.S. 825, 835, 837 (1994) (to state a claim for deliberate indifference, “the official must both be aware of facts from which the inference could be drawn that a substantial risk of serious harm exists, and he must also draw the inference”; negligence is insufficient). Centeno-Castellanos’s remaining contentions, including those concerning appointment of counsel, are unpersuasive. AFFIRMED. 2 10-15492