Jesus Torres v. San Francisco Human Services A ( 2021 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS DEC 17 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JESUS TORRES, No. 19-17583
Plaintiff-Appellant, D.C. No. 4:18-cv-07415-KAW
v.
MEMORANDUM*
SAN FRANCISCO HUMAN SERVICES
AGENCY; TRENT RHORER, Executive
Director of HSA, in his official capacity,
Defendants-Appellees.
Appeal from the United States District Court
for the Northern District of California
Kandis A. Westmore, Magistrate Judge, Presiding**
Submitted December 14, 2021***
Before: WALLACE, CLIFTON, and HURWITZ, Circuit Judges.
Jesus Torres appeals from the district court’s judgment dismissing his 42
U.S.C. § 1983 action alleging a violation of the Fourteenth Amendment in
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The parties 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).
connection with the discontinuation of his public benefits. We have jurisdiction
under 28 U.S.C. § 1291. We review for an abuse of discretion a district court’s
decision to dismiss without leave to amend. Cervantes v. Countrywide Home
Loans, Inc., 656 F.3d 1034, 1041 (9th Cir. 2011). We affirm.
The district court did not abuse its discretion in dismissing Torres’s action
without further leave to amend because amendment would be futile. See id.(dismissal without leave to amend is proper when amendment would be futile); see
also Mathews v. Eldridge, 424 U.S. 319, 333 (1976) (due process requires notice
and an opportunity to be heard); Chodos v. West Publ’g Co., 292 F.3d 992, 1003
(9th Cir. 2002) (explaining that a district court’s discretion to deny leave to amend
is “particularly broad” when it has previously granted leave to amend).
We do not consider matters not specifically and distinctly raised and argued
in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
AFFIRMED.
2 19-17583