July Simeona v. United Airlines, Inc.

28 F.3d 108 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. July SIMEONA, Plaintiff-Appellant, v. UNITED AIRLINES, INC., Defendant-Appellee. No. 93-16831. United States Court of Appeals, Ninth Circuit. Submitted May 24, 1994. * Decided June 8, 1994. Before: HUG, D.W. NELSON and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 July Simeona appeals pro se the district court's order granting defendant's motion to dismiss his 42 U.S.C. Sec. 1983 and breach of contract claims pursuant to Fed.R.Civ.P. 12(b)(6). Simeona contends that United Airlines violated his civil rights and breached a contract when it excluded him from a connecting flight because his companion had lit a cigarette on an earlier non-smoking flight. We have jurisdiction under 28 U.S.C. Sec. 1291 . We affirm. 3 We review de novo the district court's dismissal for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6). Oscar v. University Students Co-operative Ass'n, 965 F.2d 783, 785 (9th Cir.) (en banc), cert.…