Stephen Turner v. Melody Smith

MEMORANDUM

California state parolee Stephen B. Turner appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging federal and state law claims in connection with his parole and registration as a sex offender. 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). Hebbe v. Pliler, 627 F.3d 338, 341 (9th Cir.2010). We affirm in part, vacate in part, and remand.

Contrary to Turner’s contentions, the district court applied the correct standard in assessing Turner’s allegations, and it properly dismissed Turner’s Third Amended Complaint because Turner failed to allege facts sufficient to support one or more elements of his claims. See id. at 341^42 (although pro se pleadings are liberally construed, plaintiff must allege facts sufficient to state a plausible claim); Cholla Ready Mix, Inc. v. Civish, 382 F.3d 969, 973 (9th Cir.2004) (conclusory allegations, unwarranted deductions, or unreasonable inferences need not be accepted as true); see also Acosta-Huerta v. Estelle, 7 F.3d 139, 144 (9th Cir.1992) (applying requirements of Fed. R.App. P. 28 to pro se appellant’s…