Joshua Harrell v. Target , 693 F. App'x 698 ( 2017 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUL 17 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSHUA NEIL HARRELL, No. 16-15863
Plaintiff-Appellant, D.C. No. 2:15-cv-00634-CKD
v.
MEMORANDUM*
TARGET; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the Eastern District of California
Carolyn K. Delaney, Magistrate Judge, Presiding**
Submitted July 11, 2017***
Before: CANBY, KOZINSKI, and HAWKINS, Circuit Judges.
Joshua Neil Harrell appeals pro se from the district court’s judgment
dismissing his 42 U.S.C. § 1983 action alleging constitutional claims. We have
jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under 28
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
Harrell consented to proceed before a magistrate judge. See 28 U.S.C.
§ 636(c).
***
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
U.S.C. § 1915A, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000), and we
affirm.
The district court properly dismissed Harrell’s action because Harrell failed
to allege facts sufficient to state a plausible claim. See Hebbe v. Pliler, 627 F.3d
338, 341-42 (9th Cir. 2010) (although pro se pleadings are construed liberally, a
plaintiff must present factual allegations sufficient to state a plausible claim for
relief); see also Lacey v. Maricopa County, 693 F.3d 896, 918-19 (9th Cir.
2012) (en banc) (setting forth requirements for false arrest and malicious
prosecution claims).
The district court did not abuse its discretion by dismissing Harrell’s third
amended complaint without leave to amend because further amendment would
have been futile. See Cervantes v. Countrywide Home Loans, Inc., 656 F.3d 1034,
1041 (9th Cir. 2011) (setting forth standard of review and explaining that dismissal
without leave to amend is proper when amendment would be futile).
AFFIRMED.
2 16-15863