Archibald Cunningham v. Kevin Singer

MEMORANDUM

Archibald Cunningham, an attorney, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging federal and state law claims arising out of the acts of a state court-appointed receiver. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under Federal Rule of Civil Procedure 12(b)(6), Kahle v. Gonzales, 487 F.3d 697, 699 (9th Cir. 2007), and we affirm.

The district court properly dismissed Cunningham’s action because Cunningham failed to allege facts sufficient to state any plausible claim. 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 plausiblé on its face” (citation and internal quotation marks omitted)); see also West v. Atkins, 487 U.S. 42, 48 , 108 S.Ct. 2250 , 101 L.Ed.2d 40 (1988) (“To state a claim under § 1983, a plaintiff must allege the violation of a right secured by the Constitution and laws of the United States[.]”).

The district court did not abuse its discretion by declaring Cunningham a vexatious litigant and entering a…