FILED
NOT FOR PUBLICATION NOV 02 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
SHAWN ANDERSON, No. 15-15974
Plaintiff-Appellant, D.C. No. 1:14-cv-01380-AWI-
MJS
v.
CHRIS KRPAN; MICHAEL FOSTER, MEMORANDUM*
Defendants-Appellees.
Appeal from the United States District Court
for the Eastern District of California
Anthony W. Ishii, District Judge, Presiding
Submitted October 25, 2016**
Before: LEAVY, GRABER, and CHRISTEN, Circuit Judges.
Shawn Anderson, 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 a dismissal under 28 U.S.C. §§ 1915A and
*
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).
1915(e)(2)(B)(ii). Wilhelm v. Rotman, 680 F.3d 1113, 1118 (9th Cir. 2012);
Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order). We reverse
and remand.
Dismissal of Anderson’s action was premature because Anderson alleged
that defendants failed to provide and delayed medical treatment for Anderson’s
ankle. Liberally construed, these allegations in the amended complaint were
“sufficient to warrant ordering [defendants] to file an answer.” Wilhelm, 680 F.3d
at 1116; see also id. at 1122 (denying or delaying medical treatment can amount to
deliberate indifference; a prisoner need not show his harm was substantial);
Toguchi v. Chung, 391 F.3d 1051, 1057 (9th Cir. 2004) (a prison official is
deliberately indifferent if he or she knows of and disregards an excessive risk to an
inmate’s health).
Accordingly, we reverse the district court’s judgment and remand for further
proceedings.
REVERSED and REMANDED.
2 15-15974