Dennis Gallipeau v. Microsoft Corporation

MEMORANDUM

Dennis Gallipeau appeals pro se from the district court’s judgment dismissing his diversity action against Microsoft Corporation. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal under Fed.R.Civ.P. 12(b)(6). Henry A. v. Willden, 678 F.3d 991, 998 (9th Cir.2012). We affirm.

The district court properly dismissed Gallipeau’s action because Gallipeau’s allegations that Microsoft failed to instruct him on how to permanently delete files from his computer, leading to his imprisonment for knowing possession of child pornography, do not state a claim that is plausible on its face. See Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 570 , 127 S.Ct. 1955 , 167 L.Ed.2d 929 (2007) (“Factual allegations must be enough to raise a right to relief beyond the speculative level[.]”).

The district court properly dismissed the case with prejudice. See Steckman v. Hart Brewing, Inc., 143 F.3d 1293, 1298 (9th Cir.1998) (explaining that a dismissal with prejudice is proper where amendment would be “an exercise in futility”).

The district court did not abuse its discretion in denying Gallipeau’s motion for reconsideration because Gallipeau’s…