Acuna

Acuna v. American Arbitration Ass'n

Good Law
180 F. App'x 699
United States Court of Appeals for the Ninth CircuitMay 18, 2006No. 05-16124California439 words

Opinion

Lead Opinion

MEMORANDUM **

Luis Omar Alvarez Acuna appeals pro se *700 from the district court’s order dismissing his civil rights and discrimination action. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo a district court’s dismissal for failure to state a claim, Balistreri v. Pacifica Police Dept., 901 F.2d 696, 699 (9th Cir.1990), and we review for abuse of discretion the denial of leave to amend, Lopez v. Smith, 203 F.3d 1122, 1130 (9th Cir.2000) (en banc). We affirm.

The district court correctly dismissed Acuna’s claims against Klundt, a private lawyer, and his law firm, Quarles & Brady Streich Lang LLP, for failure to allege any facts supporting his purported claims of civil rights, due process and equal protection violations, and racial discrimination. See Balistreri, 901 F.2d at 699 (“Dismissal can be based on the lack of a cognizable legal theory or the absence of sufficient facts alleged under a cognizable legal theory”).

The district court also correctly dismissed Acuna’s claims against Judge O’Melia because he is protected by judicial immunity for the purported wrongful acts alleged in Acuna’s complaint. See Harvey v. Waldron, 210 F.3d 1008, 1012 (9th Cir.…

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