Hanlon

MEMORANDUM *

Plaintiff Timothy Hanlon appeals the dismissal of his claim without leave to amend. We conclude that the district court did not err, and we affirm.

A dismissal without leave to amend is proper if “it is clear, upon de novo review, that the complaint could not be saved by any amendment.” McKesson HBOC, Inc. v. New York State Common Ret. Fund, Inc., 339 F.3d 1087 , 1090 (9th Cir.2003) (quoting Lee v. City of Los Angeles, 250 F.3d 668, 692 (9th Cir.2001)). However, “[a] district court’s denial of leave to amend is reviewed for abuse of discretion.” Broudo v. Dura Pharm., Inc., 339 F.3d 933, 937 (9th Cir.2003) (citation omitted).

Where a district court does not offer reasons for a dismissal without leave to amend, we consider five factors to address the propriety of that decision: “(1) bad faith; (2) undue delay; (3) prejudice to the opposing party; (4) futility of amendment; and (5) whether plaintiff has previously amended his complaint.” Schmier v. United States Court of Appeals for the Ninth Circuit, 279 F.3d 817, 824 (9th Cir.2002) (quoting In re Consol. Pioneer Mortgage Entities, 205 B.R. 422, 426 (B.A.P. 9th Cir.1997)). “[A] proposed amendment is futile only if…