amazon.com
William Whitsitt v. amazon.com
Opinion
Opinion
MEMORANDUM
William J. Whitsitt appeals pro se from the district court’s judgment dismissing his employment action alleging federal and state law claims. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for failure to state a claim under 28 U.S.C. § 1915 (e)(2)(B)(ii), Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir, 1998) (order). We may affirm on any ground supported by the record, Thompson v. Paul, 547 F.3d 1055, 1058-59 (9th Cir. 2008). We affirm in part, reverse in part, and remand.
The district court properly dismissed all of Whitsitt’s claims other than his claims arising from a failure to hire because Whitsitt failed to allege plausible claims. 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)); Sheppard v. David Evans & Assoc., 694 F.3d 1045, 1049 (9th Cir. 2012) (age discrimination under the Age Discrimination in Employment Act (“ADEA”) based on termination); Poland v. Chertoff, 494 F.3d 1174, 1179-80 (9th Cir.…