Adams

MEMORANDUM **

Cleveland Adams appeals the district court’s dismissal of his complaint for failure to state a claim. Adams’ complaint alleged that he was discharged from the Army in violation of his Fifth Amendment right to due process, that defendants were not authorized to discharge him under the applicable rules and regulations, and that *735 he was discharged because of his race. Seeking relief under the Declaratory Judgment Act, 28 U.S.C. §§ 2201 & 2202, the Administrative Procedure Act, 5 U.S.C. §§ 701-706 , and 42 U.S.C. § 1981 , Adams sought reinstatement, restitution of lost back pay, and a declaratory judgment that his discharge was void. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. Since the parties are familiar with the facts, we will not recite them.

A court’s determination that the military’s decision should not be reviewed for prudential reasons is treated as a motion to dismiss for failure to state a claim upon which relief can be granted. Khalsa v. Weinberger, 779 F.2d 1393, 1395-96 (9th Cir.1985). This court reviews de novo a dismissal for failure to state a claim. Id. at 1396 . We “presume all factual allegations of the complaint to be…