Bartakian

Bartakian v. County of Clark

Good Law
354 F. App'x 287
United States Court of Appeals for the Ninth CircuitJuly 8, 2009No. 08-15069California317 words

Opinion

Lead Opinion

MEMORANDUM **

Jackie S. Bartakian appeals pro se from the district court’s judgment dismissing her action against Clark County and various managerial employees of Clark County (“Clark County defendants”) after she failed to amend her complaint. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo dismissal for failure to state a claim, Vestar Development II, LLC v. General Dynamics Corp., 249 F.3d 958, 960 (9th Cir.2001), can affirm on any basis fairly supported by the record, id., and affirm.

Removal of this action to federal court was not improper because Bartakian raised constitutional claims. See 28 U.S.C. § 1441 (a) (allowing removal of “any civil action brought in a State court of which the federal courts of the United States have original jurisdiction”); 28 U.S.C. § 1331 (conferring original jurisdiction on district court in “all civil actions arising under the Constitution, laws, or treaties of the United States”); Sparta Surgical Corp. v. National Ass’n of Securities Dealers, Inc., 159 F.3d 1209, 1213 (9th Cir.1998) (“ [Jurisdiction must be analyzed on the basis of the pleadings filed at the time of removal without reference to subsequent…

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