Thuy Joseph v. Boise State University

MEMORANDUM

Thuy P. Joseph appeals pro se from the district court’s judgment dismissing' her race and national origin discrimination action alleging federal and state law claims. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under Fed. R. Civ. P. 12(b)(6), and may affirm on any basis supported by the record. Thompson v. Paul, 547 F.3d 1055, 1058-59 (9th Cir. 2008). We affirm.

The district court properly dismissed Joseph’s action because Joseph failed to allege facts sufficient to show that any defendant discriminated against her on the basis of her race or national origin, or retaliated against her for filing a complaint with the Idaho Human Rights Commission. See Ashcroft v. Iqbal, 556 U.S. 662, 678 , 129 S.Ct. 1937 , 173 L.Ed.2d 868 (2009) (to avoid dismissal, “a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face” (citation and internal quotation marks omitted)); Nat'l Ass’n for Advancement of Psychoanalysis v. Cal. Bd. of Psychology, 228 F.3d 1043, 1049 (9th Cir. 2000) (in determining whether a complaint states a claim for relief, “we may consider facts contained in…