Canatella

Canatella v. Van De Kamp

Good Law
231 F. App'x 614
United States Court of Appeals for the Ninth CircuitMay 3, 2007No. 06-15186California404 words

Opinion

Lead Opinion

MEMORANDUM **

Appellant Richard Canatella (“Appellant”) appeals the district court’s dismissal of his 42 U.S.C. § 1983 suit against several officers of the State Bar of California and Martha Daetwyler pursuant to Federal

Rule of Civil Procedure 12(b). We deal with Appellant’s appeal of the dismissal of his claims against the State Bar officers in a published opinion, and the facts and procedural history are set forth there. See Canatella v. Van De Kamp, 486 F.3d 1128 (9th Cir.2007). Here, we deal with Appellant’s claims against Appellee Daetwyler. We review the district court’s dismissal of Appellant’s claims de novo. See Orr v. Bank of Am., 285 F.3d 764, 772 (9th Cir. 2002).

Appellant § 1983 claims against Appellee Daetwyler fail because he has failed to raise any factual allegations indicating that Appellee Daetwyler acted under color of state law by “jointly engaging] with state officials in the challenged action.” Dennis v. Sparks, 449 U.S. 24, 27-28 , 101 S.Ct. 183 , 66 L.Ed.2d 185 (1980); see also Jensen v. Lane County, 222 F.3d 570, 574 (9th Cir.2000) (holding that “in order to prevail under § 1983, a plaintiff must show (1) that Defendants deprived [him or] her of a…

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