Taha

Taha v. Tindell

Good Law
212 F. App'x 639
United States Court of Appeals for the Ninth CircuitDecember 13, 2006No. 06-35107California281 words

Opinion

Lead Opinion

MEMORANDUM **

*640 Samir I. Taha appeals pro se from the district court’s order dismissing his civil rights action against his former attorney. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Warren v. Fox Family Worldwide, Inc., 328 F.3d 1136, 1139 (9th Cir.2003), and may affirm on any ground fairly supported in the record, Scott v. Kuhlmann, 746 F.2d 1377, 1378 (9th Cir.1984). We affirm.

The district court properly dismissed Taha’s second amended complaint for failure to state a claim. See, e.g., Simmons v. Sacramento County Superior Court, 318 F.3d 1156, 1161 (9th Cir.2003) (conclusory allegations that private attorney was conspiring with state officers to deprive plaintiff of due process insufficient to state 42 U.S.C. § 1983 claim). Contrary to Taha’s contention, we do not read the district court’s order as dismissing all of his claims for lack of subject matter jurisdiction, and in any event we could affirm on the alternative ground that he failed to state a claim. See Scott, 746 F.2d at 1378.

Taha’s contention that the district court converted the defendant’s motion to dismiss into a motion for summary judgment is also unavailing. See Kourtis v. Cameron,…

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