Jensen

*387 MEMORANDUM **

Tom Jensen appeals pro se from the district court judgment dismissing his civil rights action. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for failure to state a claim. Epstein v. Wash. Energy Co., 83 F.3d 1136, 1139 (9th Cir.1996). We affirm in part and reverse and remand in part.

Jensen contends that the district court erred by dismissing his claim that his rights were violated by the restrictions placed on his visitations to his mother, a resident at Sweet Home One Care Facility. We agree.

Although the district court properly concluded that Jensen’s pleadings were sufficient to allege the defendants acted under color of state law when they imposed restrictions on his visits, the district court failed to treat Jensen’s allegations as true and draw all reasonable inferences in his favor when ruling on the motion to dismiss. See Usher v. City of Los Angeles, 828 F.2d 556, 561 (9th Cir.1987). Because Jensen had sufficiently alleged that the private defendants were state actors, they could not unreasonably restrict his First and Fourteenth Amendment rights. In addition, Jensen alleged that his brother had falsely accused him of…