Wasson

MEMORANDUM ****

Former attorney Greg Wasson appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action challenging the constitutionality of an Oregon election statute. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo whether a party lacks standing. Fleck & Assoc., Inc. v. City of Phoenix, 471 F.3d 1100, 1103 (9th Cir.2006). We affirm the district court’s determination that Wasson lacked standing, but vacate in part and remand with instructions to dismiss without prejudice his claim that he was impermissibly restricted from participating in the independent candidate nominating process.

The district court properly determined that Wasson lacked standing to challenge Or.Rev.Stat. § 254.069 because he did not allege a “present or immediate injury in fact.” Bd. of Natural Res. v. Brown, 992 F.2d 937 , 945 (9th Cir.1993). Construed liberally, he only alleged that, given the right set of circumstances, he may wish both to vote in a party’s primary election and either to sign a certificate of nomination or to participate in an assembly of electors for an independent candidate in the same election cycle. See Lewis v. Cont’l Bank Corp., 494 U.S.…