FILED
                            NOT FOR PUBLICATION                              DEC 10 2013

                                                                         MOLLY C. DWYER, CLERK
                     UNITED STATES COURT OF APPEALS                       U.S. COURT OF APPEALS



                            FOR THE NINTH CIRCUIT


NORRIS VIRGIL LEE,                                No. 12-17543

              Plaintiff - Appellant,              D.C. No. 1:12-cv-00808-SKO

  v.
                                                  MEMORANDUM*
BALLESTEROS, Licensed Vocational
Nurse at Corcoran State Hospital,

              Defendant - Appellee.


                    Appeal from the United States District Court
                        for the Eastern District of California
                   Sheila K. Oberto, Magistrate Judge, Presiding**

                          Submitted November 19, 2013***

Before:      CANBY, TROTT, and THOMAS, Circuit Judges.

       California state prisoner Norris Virgil Lee 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 9th Cir. R. 36-3.
       **
            Plaintiff consented to proceed before a magistrate judge. See 28
U.S.C. § 636(c).

       ***   The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
indifference to his medical needs. We have jurisdiction under 28 U.S.C § 1291.

We review de novo a dismissal under 28 U.S.C. § 1915A. Resnick v. Hayes, 

, 447 (9th Cir. 2000). We reverse and remand.

      The district court erred in dismissing Lee’s action because Lee alleged that,

despite his repeated pleas, defendant consciously and deliberately disregarded a

serious risk to his health arising from diabetes by refusing to administer his

prescribed and regularly scheduled insulin injection. See Farmer v. Brennan, 

, 837, 845 (1994) (prison officials act with deliberate indifference when

they know of and disregard an excessive risk to inmate health; prisoner need not

await a tragic event before obtaining relief for being exposed to danger).

      REVERSED and REMANDED.




                                           2                                     12-17543