Weissleader

Weissleader v. American Kennel Club

Good Law
128 F. App'x 606
United States Court of Appeals for the Ninth CircuitApril 11, 2005No. 04-55038California432 words

Opinion

Lead Opinion

MEMORANDUM **

Patricia Weissleader, a breeder of Xo-loitzcuintli dogs (“Xolos”), appeals pro se the district court’s dismissal of her action alleging that the American Kennel Club, Foundation Stock Service, Xoloitzcuintli Club of America, and the County of Riverside, conspired to prevent Weissleader’s Xolos from being registered as purebred dogs and enjoying equal access to various purebred canine activities. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo dismissal for lack of subject matter jurisdiction, Botsford v. Blue Cross & Blue Shield of Montana, Inc., 314 F.3d 390, 392 (9th Cir.2002), and denial of leave to amend, Schmier v. U.S.Ct. of Appeals for the Ninth Cir., 279 F.3d 817, 824 (9th Cir.2002). We affirm.

The district court properly dismissed Weissleader’s action for failure to state a claim and lack of subject matter jurisdiction. See Fed.R.Civ.P. 12(b). Weissleader’s 42 U.S.C. § 1985 (3) claim failed because she did not allege facts showing class-based invidious discrimination. See Griffin v. Breckenridge, 403 U.S. 88, 102-03 , 91 S.Ct. 1790 , 29 L.Ed.2d 338 (1971). She appears to concede that her 42 U.S.C. § 1981 (a) claim failed because she did not…

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