Howard Zochlinski v. the Regents of the University

Good Law
538 F. App'x 783
United States Court of Appeals for the Ninth CircuitAugust 19, 201310-15917California456 words

Opinion

Opinion

MEMORANDUM

Howard Alan Zochlinski appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging federal and state law claims related to an alleged conspiracy to unfairly enforce housing and nuisance ordinances against him in violation of his civil rights. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for failure to state a claim, and for an abuse of discretion the denial of leave to amend. Wood v. City of San Diego, 678 F.3d 1075, 1080 (9th Cir.2012). We affirm.

The district court properly dismissed Zochlinski’s action because Zochlinski failed to allege sufficient facts to state one or more element of each claim against any defendant. See 42 U.S.C. §§ 1981 , 1982, 1983, 1985 and 1986; Thornton v. City of St. Helens, 425 F.3d 1158, 1166-67 (9th Cir.2005) (per curiam) (setting forth elements of equal protection claim); Franklin v. Fox, 312 F.3d 423, 441 (9th Cir.2002) (setting forth § 1983 conspiracy claim); Thompson v. Davis, 295 F.3d 890, 895 (9th Cir.2002) (setting forth claim under Americans with Disabilities Act) (per curiam); see also Hebbe v. Pliler, 627 F.3d 338, 341-42 (9th Cir.2010) (though pro se…

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