Leonard Porto, Iii v. City of Newport Beach

MEMORANDUM

Leonard J. Porto, III, appeals pro se from the district court’s judgment dismissing Ms 42 U.S.C. § 1983 action alleging that defendants violated his constitutional rights, the Fair Housing Act (“FHA”), and state law. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for failure to state a claim. Knievel v. ESPN, 393 F.3d 1068, 1072 (9th Cir.2005). We affirm.

The district court properly dismissed Porto’s discrimination claims under the FHA and the Fourteenth Amendment because Porto failed to allege that defendants discriminated against him based on his membership in a protected class. See 42 U.S.C. § 3602 (k) (defining “familial status” for purposes of the FHA as a minor being domiciled with an adult); id. § 3604 (setting out protected classes under the FHA, including “familial status”); Barren v. Harrington, 152 F.3d 1193, 1194-95 (9th Cir.1998) (order) (explaining the requirements of an equal protection claim).

The district court properly dismissed Porto’s claims challenging Newport Beach Municipal Code § § 6.04.70 and 11.08.040 as unconstitutional because those provisions are not unconstitutionally vague. See Hill v. Colorado, 530 U.S.…