Lakeith McCoy v. Toni O'Neill

MEMORANDUM

California state prisoner LaKeith L. McCoy, a.k.a. LaKeith LeRoy McCoy, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging various constitutional violations in connection with his criminal trial transcript. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Hamilton v. Brown, 630 F.3d 889, 892 (9th Cir.2011) (dismissal under 28 U.S.C. § 1915A); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order) (dismissal under 28 U.S.C. § 1915 (e)(2)(B)(ii)). We may affirm on any basis supported by the record. Hartmann v. Cal. Dep’t of Corr. & Rehab., 707 F.3d 1114, 1121 (9th Cir.2013). We affirm.

Dismissal of McCoy’s action was proper because McCoy failed to allege facts sufficient to show that defendants violated his constitutional rights. See Chudacoff v. Univ. Med. Ctr. of S. Nev., 649 F.3d 1143 , 1149 (9th Cir.2011) (to establish § 1983 liability, a plaintiff must show a deprivation of a right secured by the Constitution and laws of the United States); Hebbe v. Pliler, 627 F.3d 338, 341-42 (9th Cir.2010) (although pro se pleadings are to be construed liberally, a plaintiff still must present factual…