James O'Leary v. County of Sacramento

19 F.3d 1440 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James O'LEARY, Plaintiff-Appellant, v. COUNTY OF SACRAMENTO, Defendant-Appellee. No. 93-15767. United States Court of Appeals, Ninth Circuit. Submitted Feb. 22, 1994. * Decided March 1, 1994. Before: SCHROEDER, CANBY, and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 On remand from this court, James O'Leary appeals pro se the district court's dismissal of his action pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(5). O'Leary alleged that the county seal of Sacramento violates the establishment clause of the First Amendment because it contains the word "sacrament." 1 We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 Specifically, in his amended complaint, O'Leary alleged that the County of Sacramento's ("County") use of the "sacred holy name (Sacramento) on their county seals have caused him to suffer anger, shame, fright, humiliation, mental anguish, emotional distress and physical distress," forcing him…