Howard

MEMORANDUM **

Raymond Howard and Chester Church appeal pro se the dismissal of their civil rights action alleging that the City of Milton’s junk vehicle ordinance is unconstitutional. We have jurisdiction under 28 U.S.C. § 1291 . We affirm in part, vacate in part, and remand.

We review de novo the district court’s determination that Howard lacked standing to challenge the junk vehicle ordinance. Columbia Basin Apartment Ass’n. v. City of Pasco, 268 F.3d 791, 796 (9th Cir.2001). Because the evidence shows that Howard has been cited in the past for maintaining junk vehicles, and that he continued to engage in conduct proscribed by the junk vehicle ordinance, he has shown a credible threat of prosecution. See Central Delta Water Agency v. United States, 306 F.3d 938, 947 (9th Cir.2002) (noting that “the possibility of future injury may be sufficient to confer standing”); Darring v. Kincheloe, 783 F.2d 874, 877 (9th Cir.1986) (stating that actual prosecution is not required to confer standing, and that intention to engage in course of conduct proscribed by a statute could show credible threat of prosecution). Accordingly, the district court erred by finding that Howard’s injury was…