B. Waters v. Hollywood Tow Service, Inc.

MEMORANDUM

B. Benedict Waters appeals pro se from the district court’s judgment dismissing his action alleging violations of his First, Fourth, and Fourteenth Amendment rights and violations of the Fair Credit Reporting Act (“FCRA”). 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) and a judgment on the pleadings under Fed.R.Civ.P. 12(c). Berg v. Popham, 412 F.3d 1122, 1125 (9th Cir.2005). We affirm.

The district court properly dismissed Waters’s First Amendment retaliation claim because Waters failed to allege facts showing that defendants acted with the intent to chill Waters’s protected conduct. See Skoog v. County of Clackamas, 469 F.3d 1221, 1231-32 (9th Cir.2006) (in a First Amendment retaliation claim, plaintiff must demonstrate that defendant’s “desire to cause the chilling effect was a but-for cause of the defendant’s action”).

The district court properly dismissed Waters’s Fourth Amendment claims because Waters failed to allege facts showing either that his payment to the City of Los Angeles for a hearing that he was later denied, or that Hollywood Tow’s retention of his vehicle and…