Sean Cottle v. Las Vegas Metro Police Departm

Good Law
520 F. App'x 572
United States Court of Appeals for the Ninth CircuitMay 23, 201312-16013California495 words

Opinion

Opinion

MEMORANDUM

Sean Cottle appeals pro se from the district court’s judgment in his 42 U.S.C. § 1983 action alleging constitutional violations in connection with his arrest and detention. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under 28 U.S.C. § 1915A(a), Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000), summary judgment, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004), and a determination that a prisoner failed to exhaust administrative remedies under the Prison Litigation Reform Act, Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.2003). We affirm.

The district court properly dismissed Cottle’s claim based on defendant O’Daniel’s alleged long-standing dislike and bias against him because Cottle failed to identify a cognizable legal theory that would entitle him to relief on this claim. See 28 U.S.C. § 1915A(b)(l); Shroyer v. New Cingular Wireless Servs., Inc., 622 F.3d 1035, 1041 (9th Cir.2010) (“[Djismissal for failure to state a claim is ‘proper only where there is no cognizable legal theory or an absence of sufficient facts alleged to support a cognizable legal theory.’ ” (citation omitted)).

The district court properly granted summary…

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