Wilson
Wilson v. Sullivan
Opinion
Lead Opinion
MEMORANDUM **
Mark Wilson appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action. We review de novo a dismissal for failure to state a claim. Knievel v. ESPN, 393 F.3d 1068, 1072 (9th Cir.2005). We review for abuse of discretion a dismissal for failure to timely serve summons and complaint. Walker v. Sumner, 14 F.3d 1415, 1422 (9th Cir.1994). We affirm.
Wilson alleged, among other things, that an unidentified woman accused him of bothering her on different occasions and defendants Sullivan and Valente were involved in the investigation of the woman’s complaint; although no criminal charges were brought against Wilson, the woman’s complaint resulted in the revocation of Wilson’s parole.
The district court properly dismissed for failure to state a claim Wilson’s section 1983 claims based on alleged malicious prosecution because Wilson could not allege “favorable termination”; he conceded that his parole was revoked based on the unidentified woman’s complaints. See Awabdy v. City of Adelanto, 368 F.3d *248 1062, 1068 (9th Cir.2004) (“An individual seeking to bring a malicious prosecution claim must generally establish that the prior proceedings…