Michael Yellen v. Loretta E. Lynch

MEMORANDUM

Michael S. Yellen appeals pro se from the district court’s judgment dismissing his action alleging claims under the Fourteenth Amendment and the Americans with Disabilities Act (“ADA”) arising out of defendants’ allegedly unequal enforcement of ADA accessibility regulations. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Hebbe v. Pliler, 627 F.3d 338, 341 (9th Cir. 2010) (dismissal under Fed. R. Civ. P. 12(b)(6)); Canatella v. California, 304 F.3d 843, 852 (9th Cir. 2002) (dismissal for lack of standing). We affirm.

The district court properly dismissed Yellen’s Fourteenth Amendment claims because Yellen failed to allege facts sufficient to show that defendants treated him differently from other similarly situated taxi cab and tour company owners. See N. Pacifica LLC v. City of Pacifica, 526 F.3d 478, 486 (9th Cir. 2008) (setting forth elements of “class of one” equal protection claim); Kildare v. Saenz, 325 F.3d 1078, 1085 (9th Cir. 2003) (setting forth the elements of a procedural due process claim); see also Ashcroft v. Iqbal, 556 U.S. 662, 678 , 129 S.Ct. 1937 , 173 L.Ed.2d 868 (2009) (“A claim has facial plausibility when the plaintiff pleads…