Gotcher

Gotcher v. Kamalu

Good Law
137 F. App'x 941
United States Court of Appeals for the Ninth CircuitJune 22, 2005No. 04-35299California510 words

Opinion

Lead Opinion

MEMORANDUM **

Norman Gotcher, Jr., appeals pro se the district court’s partial dismissal and partial summary judgment, and denial of his motion to reopen, in his action alleging that the City of Seattle, Seattle Police Department, two police officers, King County Jail, and Columbia Towing Company, violated his civil rights. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal for failure to state a claim, Barnett v. Centoni, 31 F.3d 813, 815 (9th Cir.1994) (per curiam), and grant of summary judgment, id. at 816 . We review for abuse of discretion the district court’s denial of a motion to reopen. Weeks v. Bayer, 246 F.3d 1231, 1234 (9th Cir.2001). We affirm.

The district court did not err when it granted summary judgment in favor of Columbia Towing because Columbia Towing demonstrated that it complied with its contractual and statutory obligations during the period it had custody of Gotcher’s vehicle and Gotcher failed to support his allegations that the vehicle-was damaged while in Columbia’s custody. See Celotex Corp. v. Catrett, 477 U.S. 317, 323-24 , 106 S.Ct. 2548 , 91 L.Ed.2d 265 (1986). Contrary to Gotcher’s contentions, the…

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