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 2010-06

John Rizzi v. City of Indian Wells , 384 F. App'x 661 ( 2010 )


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  •                                                                             FILED
NOT FOR PUBLICATION                              JUN 21 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS                       U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JOHN J. RIZZI,                                   No. 09-55018
Plaintiff - Appellant,             D.C. No. 2:08-cv-04818-SVW-
FMO
v.
CITY OF INDIAN WELLS; et al.,                    MEMORANDUM *
Defendants - Appellees.
Appeal from the United States District Court
for the Central District of California
Stephen V. Wilson, District Judge, Presiding
Submitted May 25, 2010 **
Before:       CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
John J. Rizzi appeals pro se from the district court’s judgment dismissing his
    42 U.S.C. § 1983
     action alleging violations of the Equal Protection Clause and
*
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).
California state law. We have jurisdiction pursuant to
    28 U.S.C. § 1291
    . We
review de novo dismissal for failure to state a claim, and can affirm on any basis
fairly supported by the record. Vestar Development II, LLC v. General Dynamics
Corp.,
    249 F.3d 958
    , 960 (9th Cir. 2001). We affirm.
Dismissal of Rizzi’s equal protection claim was proper because there is a
“reasonably conceivable state of facts that could provide a rational basis for”
defendants’ subsidized housing classification scheme. Heller vs. Doe by Doe,
    509 U.S. 312
    , 320 (1993); see also Roth v. Garcia Marquez,
    942 F.2d 617
    , 625 n.1 (9th
Cir. 1991) (“[I]f a complaint is accompanied by attached documents, the court is
not limited by the allegations contained in the complaint.”) (internal quotation
marks and brackets omitted).
The district court did not abuse its discretion by dismissing Rizzi’s
supplemental state law claim once it had granted judgment on the federal claim.
See
    28 U.S.C. § 1367
    (c)(3); Moore v. Kayport Package Express, Inc.,
    885 F.2d 531
    , 537 (9th Cir. 1989).
Rizzi’s remaining contentions are unpersuasive.
AFFIRMED.
2                                       09-55018