Dorrough

Dorrough v. Ruff

Good Law
552 F. App'x 728
United States Court of Appeals for the Ninth CircuitJanuary 21, 2014No. 11-17875California596 words

Opinion

Lead Opinion

MEMORANDUM **

Michael Reed Dorrough filed this action under 42 U.S.C. § 1983 , alleging that his right to due process under the Fourteenth Amendment was violated when prison officials re-validated him as a member of the Black Guerilla Family gang. Dorrough appeals from the district court’s judgment dismissing his Second Amended Complaint (“SAC”). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

“Dismissal pursuant to Federal Rule of Civil Procedure 12(b)(6) is reviewed de novo. The facts alleged in a complaint are to be taken as true and must plausibly give rise to an entitlement to relief.” Dougherty v. City of Covina, 654 F.3d 892, 897 (9th Cir.2011) (internal quotation marks and citations omitted). Mere legal conclusions, however, “are not entitled to the assumption of truth.” Id. (internal quotation marks and citation omitted). In addition, we may affirm the district court’s order of dismissal “on any ground supported by the record.” Sams v. Yahoo! Inc., 713 F.3d 1175, 1179 (9th Cir.2013).

The documents in Dorrough’s re-validation package were properly before the district court and are properly before us now. Although these documents were not physically attached…

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