James Bryan v. Wal-Mart Stores

MEMORANDUM

James H. Bryan appeals the district court’s grant of Wal-Mart’s motion to dismiss. We affirm the ruling of the district court.

1. When ruling on a Federal Rule of Civil Procedure 12(b)(6) motion, a district court should only consider the pleadings, documents incorporated into the complaint (when the authenticity of the documents is not disputed and the plaintiffs complaint necessarily relies on the documents), and matters of public record. See Lee v. City of Los Angeles, 250 F.3d 668, 688-89 (9th Cir. 2001). However, the introduction of other material does not automatically convert the motion to dismiss into a motion for summary judgment when the record does not suggest reliance on the extraneous materials. See N. Star Int’l v. Ariz. Corp. Comm’n, 720 F.2d 578, 582 (9th Cir. 1983). The district court did not convert the motion to dismiss into a motion for summary judgment, because the record does not suggest the district court relied on documents outside the pleadings or documents not properly incorporated into the complaint.

2. We review de novo a district court’s dismissal of a complaint for failure to state a claim under Rule 12(b)(6). Dougherty v. City of Covina,…