Fresquez

Fresquez v. Solario

Good Law
329 F. App'x 744
United States Court of Appeals for the Ninth CircuitJuly 23, 2009No. 08-16111California279 words

Opinion

Lead Opinion

MEMORANDUM **

Louis Richard Fresquez, a California state prisoner, appeals pro se from the district court’s judgment dismissing his action for failure to comply with court orders and failure to state a claim. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under 28 U.S.C. § 1915A for failure to state a claim, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000), and review for an abuse of discretion a dismissal for failure to comply *745 with a court order, Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir.1992). We affirm.

The district court properly dismissed the complaint for failure to state a claim because the complaint did not contain factual allegations but rather a conclusory list of “ADA-Issues Presented” with more than one hundred pages of exhibits. See Ashcroft v. Iqbal, — U.S.-, 129 S.Ct 1937, 1949 , 173 L.Ed.2d 868 (2009) (discussing pleading requirements); see also O’Guinn v. Lovelock Corr. Ctr., 502 F.3d 1056, 1060 (9th Cir.2007) (listing elements of a claim under Title II of the Americans with Disabilities Act).

The district court did not abuse its discretion by dismissing the action because Fresquez failed to file an amended complaint…

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