Gabor v. County of Santa Clara Board of Supervisors

Good Law
363 F. App'x 456
United States Court of Appeals for the Ninth CircuitJanuary 25, 201008-16239California369 words

Opinion

Opinion

MEMORANDUM

John Gabor and Kay Gabor appeal pro se from the district court’s order dismissing their complaint brought under various federal and state laws, alleging that an official of the City of Campbell came to their house to look for potential zoning violations. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Bermudez v. Duenas, 986 F.2d 1064, 1065 (9th Cir.1991) (per curiam), and we affirm.

The district court properly dismissed the action because the Gabors did not allege facts in the complaint that, taken as true and construed in a light most favorable to them, show any entitlement to relief. See id. at 1066 (“To state a section 1983 claim, a plaintiff must allege facts which show a deprivation of a right, privilege, or immunity secured by the Constitution or federal law....”); Johnson v. State of California, 207 F.3d 650, 656 (9th Cir. 2000) (per curiam) (stating that a conspiracy claim based only on vague and coneluso-ry allegations is properly dismissed).

The district court did not abuse its discretion by declining to enter default against the defendants. See Aldabe v. Aldabe, 616 F.2d 1089, 1092-93 (9th Cir.1980) (per curiam) (“Given the lack of merit…

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