Opinion
21-15854
01-26-2022
DARRYL LEONARD SCOTT, Plaintiff-Appellant, v. PAUL PENZONE, Sheriff at Towers, County Jail; et al., Defendants-Appellees.
NOT FOR PUBLICATION
Submitted January 19, 2022 [**]
Appeal from the United States District Court for the District of Arizona, D.C. No. 2:20-cv-02115-DWL-JFM, Dominic Lanza, District Judge, Presiding
Before: SILVERMAN, CLIFTON, and HURWITZ, Circuit Judges.
MEMORANDUM [*]
Darryl Leonard Scott appeals pro se from the district court's judgment dismissing his 42 U.S.C. § 1983 action challenging his conditions of confinement during his detention at the Maricopa County Jail. 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 affirm.
The district court properly dismissed Scott's action for failure to state a claim. See Farmer v. Brennan, 511 U.S. 825, 837 (1994) (elements of an Eighth Amendment conditions-of-confinement claim); Gordon v. County of Orange, 888 F.3d 1118, 1125 (9th Cir. 2018) (elements of a due process conditions-of-confinement claim); LeMaire v. Maass, 12 F.3d 1444, 1456 (9th Cir.1993) ("The Eighth Amendment requires only that prisoners receive food that is adequate to maintain health . . . .")."
Scott's motion for excerpts to be included (Docket Entry No. 8) is granted.
AFFIRMED.
[*] 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).