Sean Shallow v. Mollen Immunization Clinic

MEMORANDUM

Sean S. Shallow appeals pro se from the district court’s judgment dismissing his employment action alleging violations under Title VII and the Americans with Disabilities Act (“ADA”), as well as state law. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for failure to state a claim under Fed.R.Civ.P. 12(b)(6). Wood v. City of San Diego, 678 F.3d 1075, 1080 (9th Cir.2012). We affirm.

The district court properly dismissed Shallow’s action because Shallow failed to allege a cognizable claim for relief in his first amended complaint. See Johnson v. Riverside Healthcare Sys., LP, 534 F.3d 1116, 1121-22 (9th Cir.2008) (“A Rule 12(b)(6) dismissal may be based on either a ‘lack of a cognizable legal theory’ or ‘the absence of sufficient facts alleged under a cognizable legal theory.’ ” (citation omitted)); see also 42 U.S.C. § 2000e-2 (Title VII prohibits discrimination on the basis of “race, color, religion, sex, or national origin”); Ariz.Rev.Stat. Ann. § 12-541 (one-year statute of limitations for slander or libel claims); Bates v. United Parcel Serv., Inc., 511 F.3d 974, 988 (9th Cir.2007) (en banc) (elements of a discrimination claim under the…