Jacob Shechet v. Mark Kim

Good Law
481 F. App'x 366
United States Court of Appeals for the Ninth CircuitSeptember 21, 201210-55631California295 words

Opinion

Opinion

MEMORANDUM

Jacob Sheehet appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that defendants’ enforcement in California of a child support order entered by a New York court violated his due process rights. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for failure to state a claim, Sprewell v. Golden State Warriors, 266 F.3d 979, 988 (9th Cir.2001), and for an abuse of discretion the denial of leave to amend, Cervantes v. Countrywide Home Loans, Inc., 656 F.3d 1034, 1041 (9th Cir.2011). We affirm.

The district court properly dismissed Shechet’s action because Sheehet failed to state a claim. See Hebbe v. Pliler, 627 F.3d 338, 341-42 (9th Cir.2010) (though pro se pleadings are to be liberally construed, a plaintiff must nonetheless present factual allegations sufficient to state a plausible claim for relief); Sprewell, 266 F.3d at 988 (allegations “that contradict matters properly subject to judicial notice or by exhibit,” or “that are merely conclu-sory, unwarranted deductions of fact, or unreasonable inferences” need not be accepted as true).

The district court did not abuse its discretion in…

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