Larry Cortinas v. S. Gates ( 2022 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS APR 19 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
LARRY WILLIAM CORTINAS, No. 21-15018
Plaintiff-Appellant, D.C. No. 1:19-cv-01709-DAD-SKO
v.
S. GATES; CONALL MCCABE; DAVE
DAVEY, Warden; R. GILL; J. LEWIS; C. MEMORANDUM*
SMITH; S. RAMIREZ; R. PHAM; CELIA
BELL; ROBIN MCCONNELL; EDGAR
CLARK; CARMEN FISCHER, Esquire,
Defendants-Appellees.
Appeal from the United States District Court
for the Eastern District of California
Dale A. Drozd, District Judge, Presiding
Submitted April 11, 2022**
Before: McKEOWN, CHRISTEN, and BRESS, Circuit Judges.
California state prisoner Larry William Cortinas appeals pro se from the
district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging deliberate
*
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).
indifference to his serious medical needs. We have jurisdiction under 28 U.S.C.
§ 1291. We review de novo a district court’s dismissal of a complaint for failure to
state a claim under 28 U.S.C. § 1915A. Hayes v. Idaho Corr. Ctr., 849 F.3d 1204,
1208 (9th Cir. 2017). We affirm.
The district court properly dismissed Cortinas’s action because Cortinas
failed to allege facts sufficient to state a plausible claim. See Hebbe v. Pliler, 627
F.3d 338, 341-42 (9th Cir. 2010) (although pro se pleadings are construed liberally,
plaintiff must present factual allegations sufficient to state a plausible claim for
relief); Toguchi v. Chung, 391 F.3d 1051, 1056-60 (9th Cir. 2004) (a prison official
is deliberately indifferent only if he or she knows of and disregards an excessive
risk to inmate health; medical malpractice, negligence, or a difference of opinion
concerning the course of treatment does not amount to deliberate indifference).
Cortinas’s motions to appoint counsel are denied.
AFFIRMED.
2 21-15018