Michael Williams v. Debbie Philips

Good Law
536 F. App'x 704
United States Court of Appeals for the Ninth CircuitAugust 2, 201312-15956California466 words

Opinion

Opinion

MEMORANDUM

Michael B. Williams, a civil detainee confined at Coalinga State Hospital pursuant to California’s Sexually Violent Predator Act, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that a withdrawal of funds from his patient trust account violated his federal constitutional rights and the no-contest clause of his father’s will. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for failure to state a claim, Knievel v. ESPN, 393 F.3d 1068, 1072 (9th Cir.2005), and we affirm.

The district court properly dismissed Williams’s equal protection claim because Williams failed to allege facts demonstrating that defendants intentionally and without rational basis treated him differently from others similarly situated and inten tionally discriminated against him. See N. Pacifica LLC v. City of Pacifica, 526 F.3d 478, 486 (9th Cir.2008) (elements of equal protection claim).

The district court properly dismissed Williams’s due process claim because the Notice of Intended Withdrawal and denial of Williams’s appeal, included as exhibits to the First Amended Complaint, showed that Williams received all of the…

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