Winona Weathers v. M. Hagemeister-May

MEMORANDUM

Winona Weathers, a California state prisoner, appeals pro se from the district court’s judgment dismissing her action alleging federal and state law claims. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000) (dismissal for failure to state a claim under 28 U.S.C. § 1915A); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order) (dismissal for failure to state a claim' under 28 U.S.C. § 1915 (e)(2)(B)(ii)). We affirm.

The district court properly dismissed Weathers’ Americans with Disabilities Act (“ADA”) claim because Weathers failed to allege facts sufficient to show that her foot problems qualify as a disability under the ADA. See 42 U.S.C. § 12102 (1) (defining “disability” under the ADA); Weaving v. City of Hillsboro, 763 F.3d 1106, 1111 (9th Cir. 2014) (a disability is a physical or mental impairment that substantially limits one or more major life activities).

The district court properly dismissed Weathers’ equal protection claim because, even assuming she had a disability, Weathers failed to allege facts sufficient to show that her exclusion from the fabric facility was not rationally…