William Scheidler v. James Avery

MEMORANDUM

William Scheidler appeals pro se from the district court’s judgment dismissing his action arising from the denial of a property tax exemption. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Hicks v. Small, 69 F.3d 967, 969 (9th Cir.1995) (dismissal for failure to state a claim under Fed.R.Civ.P. 12(b)(6)). We affirm in part, reverse in part, and remand.

The district court properly determined that Scheidler is not entitled to relief under the federal criminal statutes he cited. See Aldabe v. Aldabe, 616 F.2d 1089, 1092 (9th Cir.1980) ( 18 U.S.C. §§ 241 and 242 provide no basis for civil liability).

The district court also properly determined that Scheidler’s first amended complaint failed to state a federal constitutional claim, or a state criminal or constitutional claim, upon which relief could be granted. See Ashcroft v. Iqbal, 556 U.S. 662, 678 , 129 S.Ct. 1937 , 173 L.Ed.2d 868 (2009) (“To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.” (internal citations and quotation marks omitted)).

However, the district court abused its discretion…