Osuorji

Osuorji v. Britt

Good Law
17 F. App'x 669
United States Court of Appeals for the Ninth CircuitAugust 28, 2001No. 00-17206; D.C. No. CV-99-05347-RECCalifornia328 words

Opinion

Lead Opinion

MEMORANDUM **

Nathaniel Osuorji, a federal prisoner, appeals pro se the district court’s judgment dismissing his Bivens action for failure to state a claim, which alleged wrongful termination from his prison employment. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s dismissal without leave to amend. See Lee v. City of Los Ange-les, 250 F.3d 668, 692 (9th Cir.2001). We affirm in part, and reverse and remand in part.

Because Osuorji can amend his retaliation claim to allege that prison officials’ actions either did not advance legitimate correctional goals or were not narrowly tailored to meet those goals, the district court erred by dismissing his retaliation claim without granting leave to amend. See Pratt v. Rowland, 65 F.3d 802, 806 (9th Cir.1995). The district court erred by dismissing Osuorji’s equal protection and conspiracy claims without leave to amend because it is not clear that the complaint could not be saved by amendment. See Lee, 250 F.3d at 692. Accordingly, we reverse and remand on these claims.

Osuorji’s contention that the district court erred by dismissing his due process claim without leave to amend lacks merit…

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