Garrison Johnson v. Jeffrey Beard

MEMORANDUM

California state prisoner. Garrison S. Johnson appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging an equal protection violation in connection with the election process for the Inmate Advisory Council. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for failure to state a claim under 28 U.S.C. § 1915A, Hamilton v. Brown, 630 F.3d 889, 892 (9th Cir.2011), and for an abuse of discretion the district court’s dismissal of a complaint without leave to amend, Lopez v. Smith, 203 F.3d 1122, 1130 (9th Cir.2000) (en banc). We vacate and remand.

The district court properly dismissed Johnson’s action because Johnson failed to allege facts showing that defendants discriminated against him because of his race. See Serrano v, Francis, 345 F.3d 1071, 1081-82 (9th Cir.2003) (setting forth requirements for § 1983 equal protection claim based on membership in a protected class); see also DeGrassi v. City of Glendora, 207 F.3d 636, 647 (9th Cir.2000) (bare allegations of state action cannot defeat a motion to dismiss; rather, plaintiff must allege facts showing that defendants acted under color of state law or…