Spittal

Spittal v. Apel

Good Law
224 F. App'x 719
United States Court of Appeals for the Ninth CircuitMarch 16, 2007No. 06-16756California242 words

Opinion

Lead Opinion

MEMORANDUM **

George Spittal appeals pro se from the district court’s order dismissing his 42 U.S.C. § 1983 action alleging school district officials retaliated against him, in violation of the First Amendment, when they threatened to remove him from his substitute teaching assignment, and imposing pre-filing conditions on future complaints because of a vexatious litigant finding. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the dismissal of Spittal’s action. Sosa v. DIRECTV, Inc., 437 F.3d 923, 927 (9th Cir.2006). We review the imposition of a pre-filing review order for an abuse of discretion. De Long v. Hennessey, 912 F.2d 1144, 1146 (9th Cir.1990). We affirm.

The district court properly dismissed Spittal’s action because the complaint did not provide fair notice to defendants of the allegations against them. See Bruns v. Nat’l Credit Union Admin., 122 F.3d 1251 , 1257 (9th Cir.1997) (“Vague and conclusory allegations of official participation in civil rights violations are not sufficient to withstand a motion to dismiss.”) (citation omitted).

The district court did not abuse its discretion in imposing a pre-filing review order, where the district…

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