Raymond Trimble v. City of Santa Rosa

Raymond Trimble, a California state prisoner, appeals pro se the district court’s 28 U.S.C. § 1915 (d) dismissal, without prejudice, of defendants City of Santa Rosa, Sono-ma County, Sonoma County Public Defender’s Office and three public defenders in his 42 U.S.C. § 1983 civil rights action. Trimble also appeals the district court’s grant of summary judgment for defendant Roger Rude on Trimble’s Fourth Amendment claims. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

We review for abuse of discretion the district court’s dismissal pursuant to section 1915(d), Denton v. Hernandez, 504 U.S. 25, 31-33 , 112 S.Ct. 1728, 1733 , 118 L.Ed.2d 340 (1992), and we review de novo its grant of summary judgment, Maffei v. Northern Ins. Co., 12 F.3d 892, 895 (9th Cir.1993). In reviewing decisions of the district court, we may affirm on any ground supported by the record. United States v. Washington, 969 F.2d 752, 755 (9th Cir.1992), cert. denied, — U.S. —, 113 S.Ct. 1945 , 123 L.Ed.2d 651 (1993).

Trimble alleges that the defendants violated his constitutional and statutory rights during a criminal investigation and prosecution which resulted in his murder conviction.…