Adams

Adams v. Coastline Community Credit Union

Good Law
171 F. App'x 192
United States Court of Appeals for the Ninth CircuitMarch 16, 2006No. 05-55909; D.C. No. CV-04-00211-DTCalifornia386 words

Opinion

Lead Opinion

*193 MEMORANDUM **

Ronald Adams appeals pro se from the district court’s order dismissing his civil rights action brought under 42 U.S.C. § 1983 , and dismissing his related state law claims. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo a district court’s dismissal for failure to state a claim, Butterfield v. Bail, 120 F.3d 1023, 1024 (9th Cir.1997), and we review for abuse of discretion the denial of leave to amend, Lopez v. Smith, 203 F.3d 1122, 1130 (9th Cir.2000) (en banc). We affirm.

The district court properly dismissed Adams’ federal civil rights claim because Adams failed to allege sufficient facts to demonstrate that appellees’ repossession of his automobile involved state action. See Adams v. S. Cal. First Nat’l Bank, 492 F.2d 324 , 329 (9th Cir.1974) (prejudgment self-help repossession of secured property performed by private actors, as authorized under the California Commercial Code, does not establish a federal cause of action pursuant to section 1983 absent “significant involvement” of the state). Adams does not dispute that the police were uninvolved in the initial attempt to repossess his automobile, and only arrived after he resisted the…

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