Charles Stringer v. Robert Woolsey

MEMORANDUM

Charles Lavel Stringer appeals pro se from the district court’s judgment dismissing his action alleging various federal and state law violations in connection with his arrest for driving under the influence. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under 28 U.S.C. § 1915 (e), Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998), and for an abuse of discretion a dismissal for failure to serve the summons and complaint in a timely manner, Oyama v. Sheehan (In re Sheehan), 253 F.3d 507, 511 (9th Cir.2001). We may affirm on any ground supported by the record. See Thompson v. Paul, 547 F.3d 1055, 1058-59 (9th Cir.2008). We affirm.

The district court properly dismissed Stringer’s claims under 42 U.S.C. § 1981 because Stringer failed to allege facts sufficient to show that he suffered discrimination on the basis of race or ethnicity. See Johnson v. Riverside Healthcare Sys., LP, 534 F.3d 1116, 1123 (9th Cir.2008) (“ § 1981 creates a cause of action only for those discriminated against on account of their race or ethnicity.”).

The district court properly dismissed Stringer’s claims under 42 U.S.C. § 1985 because Stringer failed to…