Steskal

MEMORANDUM ***

Robert S. Steskal appeals pro se from the district court’s summary judgment dismissing his action arising from a traffic citation for defective brake lights, that was dismissed when the citing officer failed to appear at the traffic court hearing. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Rossi v. Motion Picture Ass’n of Am. Inc., 391 F.3d 1000, 1002 (9th Cir.2004), and we affirm.

Steskal alleges he was improperly pulled over because his car was rundown. The district court properly granted summary judgment to defendants because defective brake lights are a proper basis for a trafile stop and Steskal’s conclusory allegations regarding economic profiling do not state a concise claim. See Simpson v. AOL Time Warner Inc., 452 F.3d 1040, 1046 (9th Cir.2006) (holding conclusory allegations and unwarranted inferences are insufficient to defeat a motion to dismiss).

Officer Wilcox’s failure to appear at Steskal’s traffic court hearing is immaterial to the district court’s analysis of whether the traffic stop was constitutional. See Lynn v. Sheet Metal Workers’ Intern. Ass’n, 804 F.2d 1472, 1483 (9th Cir.1986) (holding a dispute as to an immaterial…