John Entler v. Rob McKenna

Good Law
487 F. App'x 417
United States Court of Appeals for the Ninth CircuitNovember 20, 201211-36019California438 words

Opinion

Opinion

MEMORANDUM

Washington state prisoner John Thomas Entler appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging state law and federal claims regarding defendant’s alleged role in lobbying for amendments to Washington State’s Public Disclosure Act. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for failure to state a claim, Miller v. Yokohama Tire Corp., 358 F.3d 616, 619 (9th Cir.2004), and for an abuse of discretion the denial of leave to amend, Chodas v. West Publ’g Co., 292 F.3d 992, 1003 (9th Cir.2002). We affirm.

The district court properly dismissed Entler’s § 1983 claim for alleged interference with his right to access public documents because there is no constitutional right to public disclosure of government documents. See Houchins v. KQED, Inc., 438 U.S. 1, 15 , 98 S.Ct. 2588 , 57 L.Ed.2d 553 (1978) (“Neither the First Amendment nor the Fourteenth Amendment mandates a right of access to government information or sources of information within the government’s control”).

The district court properly dismissed Entler’s retaliation claim because Entler failed to allege that defendant’s allegedly…

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