Ovitsky v. California Department of Fair Employment & Housing

Good Law
594 F. App'x 424
United States Court of Appeals for the Ninth CircuitFebruary 27, 201513-55221California162 words

Opinion

MEMORANDUM

Abby Jo Ovitsky appeals pro se from the district court’s judgment dismissing her action alleging violation of the Americans with Disabilities Act (“ADA”) and various state law claims. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for lack of standing, Canatella v. California, 304 F.3d 843, 852 (9th Cir.2002), and we affirm.

The district court properly dismissed Ovitsky’s claim for injunctive relief under the ADA because Ovitsky failed to allege a “real and immediate threat of repeated injury in the future.” Chapman v. Pier 1 Imps. (U.S.) Inc., 631 F.3d 939, 946, 949 (9th Cir.2011) (en banc) (citation and internal quotation marks omitted).

We do not consider, matters not specifically and distinctly raised and argued in the opening brief. See Padgett v. Wright, 587 F.3d 983 , 985 n. 2 (9th Cir.2009) (per curiam).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.