67 F. App'x 462

Dwight A. STATEN, Plaintiff-Appellant, v. Cal A. TERHUNE, Director; et al., Defendants—Appellees.

No. 01-17355.

D.C. No. CV-99-06196-AWI.

United States Court of Appeals, Ninth Circuit.

Submitted June 9, 2003.*

Decided June 16, 2003.

Before RYMER, THOMAS, and SILVERMAN, Circuit Judges.

MEMORANDUM **

Dwight A. Staten, a California state prisoner, appeals pro se the district court’s judgment dismissing with prejudice his 42 U.S.C. § 1983 action alleging that defendants violated his Eighth Amendment rights by depriving him of one dinner and one breakfast. We review de novo dismissals under both 28 U.S.C. § 1915A, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000), and 28 U.S.C. § 1915(e), Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order). We affirm.

The district court properly dismissed Staten’s action because his allegation that he was deprived of two meals is not sufficiently serious to form the basis of an *463Eighth Amendment claim. See Farmer v. Brennan, 511 U.S. 825, 834, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994).

AFFIRMED.

Staten v. Terhune
67 F. App'x 462

Case Details

Name
Staten v. Terhune
Decision Date
Jun 16, 2003
Citations

67 F. App'x 462

Jurisdiction
United States

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