Red Reaper v. Ace American Insurance Company

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS FEB 27 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

RED REAPER, AKA Brett C. Huska, No. 23-15178

Plaintiff-Appellant, D.C. No. 4:21-cv-05876-HSG

v.

MEMORANDUM*

ACE AMERICAN INSURANCE

COMPANY,

Defendant-Appellee,

and

NATIONAL MARROW DONOR

PROGRAM,

Defendant.

Appeal from the United States District Court for the Northern District of California Haywood S. Gilliam, Jr., District Judge, Presiding

Submitted February 13, 2024** San Francisco, California

Before: MILLER, BADE, and VANDYKE, Circuit Judges.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Plaintiff-Appellant Red Reaper appeals from the district court’s order

dismissing his second amended complaint without leave to amend. We have

jurisdiction under 28 U.S.C. § 1291, and we affirm.

We review de novo the grant of a motion to dismiss. Douglas v. Noelle,…