Daniel Trebas v. Robert Knapp ( 2010 )

FILED
NOT FOR PUBLICATION DEC 27 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T O F AP PE ALS
FOR THE NINTH CIRCUIT
DANIEL JAMES TREBAS, No. 09-55594
Plaintiff - Appellant, D.C. No. 2:08-cv-04809-FMC-
PLA
v.
ROBERT KNAPP; et al., MEMORANDUM *
Defendants - Appellees.
Appeal from the United States District Court
for the Central District of California
Florence-Marie Cooper, District Judge, Presiding
Submitted December 14, 2010 **
Before: GOODWIN, WALLACE, and W. FLETCHER, Circuit Judges.
Daniel James Trebas appeals pro se from the district court’s judgment
dismissing his 42 U.S.C. § 1983 action alleging violations of his constitutional
rights. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Huftile
v. Miccio-Fonseca, 410 F.3d 1136, 1138 (9th Cir. 2005), and we affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
The district court properly dismissed Trebas’s claims concerning
defendants’ conduct in connection with his civil commitment and recommitment
proceedings, because success on those claims would necessarily imply the
invalidity of his commitment. See id. at 1139-40.
The district court properly dismissed Trebas’s claims of inadequate medical
treatment, because they fail to state a claim under the Due Process Clause of the
Fourteenth Amendment. See Youngberg v. Romeo, 457 U.S. 307, 321-25 (1982).
Trebas’s remaining contentions are unpersuasive.
AFFIRMED.
2 09-55594