NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUL 21 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ROBERT LEE ERSKINE, No. 21-35621

Plaintiff-Appellant, D.C. No. 2:20-cv-02269-JR

v.

MEMORANDUM*

ALL CORPORATIONS AND

INDIVIDUALS, THAT PARTICIPATE IN

THE MANUFACTURING, SALES, AND

DISTRIBUTION OF ALCOHOL; ALL

STATE, FEDERAL AGENCIES,

INCLUDING GOVERNMENT AGENCIES

THAT REGULATE THE

MANUFACTURE, SALES AND

DISTRIBUTION OF ALCOHOL AND ALL

U.S. DEPARTMENT OF JUSTICE,

Defendants-Appellees.

Appeal from the United States District Court for the District of Oregon Michael W. Mosman, District Judge, Presiding

Submitted July 12, 2022**

Before: SCHROEDER, R. NELSON, and VANDYKE, Circuit Judges.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Robert Lee Erskine appeals pro se from the district court’s judgment

dismissing his 42 U.S.C. § 1983 action alleging federal claims. We have

jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under 28

U.S.C. § 1915(e)(2). Watison v. Carter, 668 F.3d 1108, 1112 (9th Cir. 2012). We

affirm.

The district court properly dismissed Erskine’s action because Erskine failed

to state any plausible claims for relief. See Neitzke v. Williams, 490 U.S. 319, 327-

28 (1989), abrogated on other grounds by Bell Atl. Corp. v. Twombly, 550 U.S.

544 (2007) (“[T]he [PLRA] statute accords judges not only the authority to dismiss

a claim based on an indisputably meritless legal theory, but also the unusual power

to pierce the veil of the complaint;s factual allegations and dismiss those claims

whose factual contentions are clearly baseless.”).

Erskine’s motions to appoint counsel are denied.

AFFIRMED.

2 21-35621