Burley

MEMORANDUM **

Woodrow Burley appeals pro se the district court’s summary judgment dismissing his action against Vallejo Chief of Police Robert Nichelini, Oakland Police Officer Michael Nichelini, and the City of Oakland Police Department alleging false arrest, unlawful search and seizure, and violation of 42 U.S.C. §§ 1983 and 1985. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and, after de novo review, Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir.2000) (en banc), we affirm.

The district court properly granted summary judgment on Burley’s false arrest claim as to Chief Nichelini because he had probable cause to arrest Burley for violating California Vehicle Code §§ 4454(a), 12500(a), and 21650. See Cabrera v. City of Huntington Park, 159 F.3d 374, 380 (9th Cir.1998) (per curiam) (“To prevail on his section 1983 claim for false arrest and imprisonment, [plaintiff] would have to demonstrate that there was no probable cause to arrest him,”). The district court properly granted summary judgment on the false arrest claim as to Officer Nichelini because Burley failed to show that he participated in the arrest. See Martinez v. City of Los Angeles, 141 F.3d 1373, 1380 (9th…