David Anderson v. Christopher Cox

MEMORANDUM

Plaintiffs-Appellants, shareholders of the de-registered public company CMKM Diamonds, Inc. filed a First Amended Complaint asserting a takings and due process claims under the Fifth Amendment, and a declaratory relief claim against Defendants-Appellees, past and current SEC officials. Plaintiffs appeal the district court’s grant of Defendants’ motion to dismiss Plaintiffs’ First Amended Complaint with prejudice. Plaintiffs contend they have adequately pleaded claims against Defendants in their individual capacities, and thus, do not appeal the district court’s dismissal of Plaintiffs’ claims against Defendants in their official capacities.

We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo. Mullis v. U.S. Bankr.Court for Disk of Nevada, 828 F.2d 1385, 1388 (9th Cir.1987). We affirm.

Plaintiffs fail to state claims against Defendants in their individual capacities for the following reasons. The district court properly dismissed Plaintiffs’ takings and due process claims under the Fifth Amendment because Plaintiffs do not allege facts giving rise to a sufficient property interest. See Peterson v. U.S. Dept. of Interior, 899 F.2d 799 , 807 (9th…