Senator
Senator v. City of Orange Police Department
Opinion
Lead Opinion
MEMORANDUM **
Bruce Richard Senator appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action for failing to comply with court orders. We have jurisdiction under 28 U.S.C. § 1291 . We may affirm on any ground supported by the record. See O’Guinn v. Lovelock Corr. Ctr., 502 F.3d 1056, 1059 (9th Cir.2007). We affirm on the alternative basis that dismissal was warranted under 28 U.S.C. § 1915 (e). See Lopez v. Smith, 203 F.3d 1122, 1127 (9th Cir.2000) (en banc) (“It is ... clear’ that section 1915(e) not only permits but requires a district court to dismiss an in forma pauperis complaint that fails to state a claim.”).
The district court properly determined that, liberally construed, Senator’s pleadings failed to state a claim upon which relief may be granted. See DeGrassi v. City of Glendora, 207 F.3d 636 , 647 (9th Cir.2000) (a bare allegation that private persons acted jointly with state officials is insufficient to state a claim under § 1983); Caldeira v. County of Kauai, 866 F.2d 1175, 1182 (9th Cir.1989) (claims under § 1985(3) require a showing of class-based animus); Portman v. County of Santa Clara, 995 F.2d 898, 908-09 (9th Cir.1993) (claims…