Perry v. Kramer

MEMORANDUM **

California state prisoner Richard L. Perry appeals pro se the district court’s judgment dismissing his 42 U.S.C. § 1983 action for failure to state a claim pursuant to 28 U.S.C. § 1915A(b)(l). We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000), and we affirm.

The district court properly dismissed Perry’s claim that defendants acted with deliberate indifference when they required him to lie in the prone position during emergency situations because the facts as alleged do not rise to the level of an Eighth…